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How To Protect People'S Rights When They Are Injured By Industrial Injuries During Their Sentences?

2011/7/15 15:36:00 51

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Injury Protection During Industrial Injury

In October 8, 2000, Liu was sentenced to 10 years' imprisonment for committing intentional homicide by the judiciary.

In prison in October 3, 2008, in a prison organization reform, the left arm fracture, after the labor capacity appraisal agency was assessed as grade 10 disability. After injury, Liu made a simple treatment for the injured place under the arrangement of the prison leaders.

The regulatory unit paid only symbolic medical expenses, and no other related compensation was provided.

Liu has repeatedly held consultations with the prison departments, but has not yet formed a consensus, but Liu has applied for a work-related injury treatment to the prison authorities. The prison leaders concerned will not be resolved on the grounds that the offender is not entitled to work-related injury treatment, and the arbitration will not be identified on the ground that there is no labor relationship.

Liu Mousui filed an administrative lawsuit against the court, asking the court to order the prison management to identify that his injury should be a work-related injury and request.

Industrial injury treatment

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Legal analysis

In the process of dealing with this case, a view emerged that the work-related injury is based on labor relations between employees and employers, and is a special relationship formed between equal subjects.

The relationship between criminals and prisons is the relationship between management and management. The two parties are not equal in status and can not form the labor contract relationship in China's labor law and relevant laws. Therefore, the injury committed by prisoners during the period of imprisonment is not consistent with the conditions identified as work-related injury and should not be identified as work-related injuries.

Therefore, it is lawful and reasonable for prison departments to identify injuries caused by Liu's injuries.

I think this view is one-sided.

At present, the legal provisions on work-related injuries in China mainly include: the regulations on industrial injury insurance formulated by the State Council and the law on compensation for work-related injuries by criminals (Trial), which is formulated by the judicial department. The former is the principle and method for dealing with the workers and employers in the labor contract relationship, and the latter is the principles and methods to deal with offenders when criminals and the prison departments are injured in the process of labor.

What we usually refer to as work-related injuries mainly refers to the former, while the latter is often overlooked.

The "compensation for offenders in industrial offenders" implemented in 2001 (Trial Implementation) made a clear provision for criminals' participation in prison labor and work-related injuries, which is more comprehensive in terms of the scope of protection.

The seventh provision of the act stipulates: "a criminal who causes injury, disability or death under any of the following circumstances shall be deemed to be a work-related injury: (1) to engage in daily labor, production or to engage in temporary assignment or consent of prison; and (two) to engage in production or related production by prison arrangement or consent.

technological innovation

(three) in case of emergency, although it has not been designated by the prison, it is engaged in prison work or engaged in emergency rescue, disaster relief, saving people and so on to safeguard the interests of the state and the people. (four) occupational hazards are caused by occupational hazards in the labor environment (occupational disease categories and names are carried out according to the relevant regulations of the state); (five) in the time and area of production work, accidents are caused by unsafe factors, or death due to work stress or sudden illness or loss of working capacity after the first rescue treatment; (six) other people can be compensated by the prison for their work-related injury compensation due to work, disability or death.

Although the eighth article of this law conforms to the provisions of the seventh provisions, it shall not be deemed as work-related injury: 1) commit suicide or self injury; the following act is caused by injury, disability or death; 2) fighting; 3) alcohol abuse; 4) violating the discipline of supervision and regulation; 5) crime; 6) intentional violation or deliberate damage to production tools; 7) other acts identified by the prison as a work-related injury shall not be recognized by prison; thus, it can be seen that during the period of serving a sentence, a criminal appears to be injured in the circumstances specified in the law.

However, due to the particularity of the relationship between criminals and supervisory departments, the identification of work-related injuries of criminals is different from that of ordinary workers. The identification of work injury is made by the labor and social security administrative department, but is made by the prison system.

The criminal offender compensation method (Trial Implementation) stipulates: "a criminal is injured, disabled or killed in the course of labor, and the prison area where the criminal is in charge shall apply to the prison for an application for industrial injury.

The prison shall complete the investigation and evidence collection within 30 days of receiving the report, make a decision on whether it is recognized as a work-related injury, and notify the prisoner himself or his family members.

Therefore, the supervision department of this case should fulfill its statutory duty. In accordance with the "compensation for offenders' industrial injury (Trial)" and relevant provisions, it is necessary to confirm whether Liu is a work-related injury in time. If it belongs to the scope of industrial injury, it should give industrial injury treatment in a timely manner so as to effectively protect the legitimate rights and interests of criminals.

Lawyer comment

Although criminals are subject to certain restrictions on personal freedom, they should enjoy other rights in accordance with the law, such as the protection of rights and interests in the process of labor involved in the case.

The work-related injury treatment enjoyed by criminals is the right given by law. If the supervision department fails to perform their duties according to law, the offender can lodge a complaint through legal means and safeguard his rights and interests in accordance with the law.

[legal knowledge]

When serving in prison, the criminals who take part in prison production and labor are injured by accidents and occupational diseases in their production work, and their right to receive medical treatment and economic compensation shall be governed by the provisions of the "compensation for criminals' industrial injury" (Trial Implementation).

After a work-related injury or occupational disease occurs, the prison shall take measures to ensure timely treatment.

The provincial (District, city) prison administration is responsible for the compensation work for criminals in the local area, and is responsible for handling criminals.

Industrial injury compensation

Business.

The standard of disability assessment for criminals is executed in accordance with the standard for identification of work-related injuries and occupational disability procedures formulated by the Ministry of labour and the Ministry of Health ([1992]6).

A prison should be treated in time for injuries caused by work.

During the period of treatment, the labor remuneration system shall be issued, and the labor remuneration shall be issued accordingly.