Law Hall: Miners Suffer From Industrial Injury Compensation

Xie Mou is an employee of Jigong Mountain coal mine in serpentine mountain town of Shuangfeng county. According to the regulations of the state on closure and exit of small coal mines, Jigong Mountain coal mine was closed in December 2014.

After the coal mine closed, Xie Mou stayed at home for more than a month, suddenly felt sick. When he went to the hospital for examination, he went to the CDC for medical advice according to his career proposals.

In February 11th this year, Xie Mou was identified as the three phase of coal worker pneumoconiosis by Loudi CDC.

Because he was worried that the coal mine had been closed without reasonable compensation, Xie Mou applied for mediation to the union of Snake Hill Town Trade Unions.

After understanding the specific circumstances,

Find the mine responsible person to communicate, the mine side said that although the coal mine closure compensation has not yet been allocated in place, the mine is now facing difficulties, but the mine side is still willing to actively cooperate with mediation, and the compensation for the matter with the town union for consultation.

After the case was accepted by the union of Snake Hill Town, the investigation was carried out. From Xie and mine side mediators, Xie had worked in the mine from 1992 to December 2014 before the closure of the mine. He was a coal mine digger in the underground mine.

After being identified as the three phase of coal worker's pneumoconiosis, Xie Mou has not yet done the disability identification of labor capacity. Because he needed money to cure the disease, Xie Mou had already looked for the coal mine, and the mine side agreed to compensate, but the two sides did not reach an agreement on the specific amount of the compensation and the way of payment.

After the initial settlement of the mediation intention, the town trade union organizations are formally appointed.

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In the mediation, Xie Mou hoped that the coal mine could pay all the compensation at once. The compensation for the industrial injury insurance bureau was partly owned by the coal mine, but the mine side said that according to the provisions of the occupational disease prevention law and the industrial injury insurance Ordinance, the employer should only take the allowance for hospitalization meals.

Other items should be paid by the work-related injury insurance fund, and the mine side has no obligation to pay the funds.

After repeated coordination between the township unions, the two sides finally reached a conciliation agreement. The coal mine pays the compensation payable by the coal mine to assist Xie to obtain corresponding compensation from the industrial injury insurance bureau, including assisting in the identification of labor capacity and providing relevant evidence when applying for compensation.