How Do Employees Protect Their Rights When They Are Injured?

In the labor dispute, work-related injury claims are time-consuming and laborious. If there is no sufficient evidence to identify labor relations only, it will take two or three years to identify work-related injuries, determine the level of disability, and recover the corresponding compensation through litigation and enforcement. Under such circumstances, Wu Baohong, who has no money to work in Beijing from Sichuan, will certainly not be able to afford it. However, he was lucky to have a public lawyer free to sue him for free. Benefit maximization On the premise of mediation, the way to settle a case is to make him less costly and less expensive.

Wu Baohong, 42, worked in Beijing for 5 years from a mountainous area to work in a feed company, but has never signed a labor contract. "If I hadn't been injured, I would still work in the company." In April 22nd, Wu Baohong told reporters that the reason why he left the company was that he was injured in his homework. The boss paid no attention to his medical expenses, but he did not want to pay the rest of his own expenses, so he was in contradiction with his boss. He was injured in the morning of August 2, 2015, when he was unloading a truck with another colleague, and suddenly he dropped a wooden box and hit his right hand and right arm. Doctors diagnosed multiple fractures of the fingers and wrist.

"I can't work. I live in hospital every day. Although the company paid for medical expenses, it also managed to eat, but it took seven or eight days to ignore it. Wu Baohong said that after the meal was stopped, the hospital stopped paying drugs because of the arrears, and he sought the company to ask for the appropriate money. The two sides had an argument. The boss told him to take him away and stop him going to work.

Work is gone, Wu Bao red heart is very uneven, he came to the labor department to apply for identification of work-related injuries. The staff told him that he was determined to identify the labor relationship first, and that if there was a labor relationship, there was a employing unit, and the unit came to deal with the work-related injury procedure. Because the feed company refused to handle these procedures for him, and there was no written labor contract, the identification of work-related injuries could only be suspended. To this end, he went to the labor dispute arbitration committee to apply for confirmation of the existence of labor relations with the company. At the same time, he proposed that the company pay illegal compensation for labor relations, medical expenses, and medical expenses. Stop pay Wages are 110 thousand yuan.

However, Wu Baohong could not figure out how to prove the existence of his labor relationship with the company, and what he used to prove that he was injured at work time, work place, work reason, and he did not know what kind of work-related injury he should enjoy. He was reminded to seek legal aid, so he came to Cheng Cheng's public interest for help. Mr. Huo was appointed to act as his agent, but the lawyer found that none of Wu Baohong's evidence could directly prove his existence of labor relations with the company.

Sure enough, in the court session, the lawyer hired by the company strongly denied that Wu Baohong worked in the unit, nor did he recognize the existence of labor relations between the two sides. In the trial, Arbitrator Ask him if he has any other facts or materials related to the company. He suddenly remembered that the company used his ID card to run a temporary residence permit. The lawyer then asked the arbitrator to extend the time limit and give the lawyer the time to obtain the evidence so as to submit evidence to prove that the labor relationship was submitted to the arbitration tribunal. The arbitrator agreed to extend the time limit for proof.

The lawyer quickly came to Fangshan District Chengguan police station to get Wu Baohong's temporary residence permit information, and finally got the relevant materials of the temporary residence permit. However, the temporary residence permit obtained by lawyers is very useless. It turns out that Wu Baohong's temporary residence permit is valid until April 15, 2015, and the above unit has no specific name, only written "feed company", and the address is not the place of residence stated in the company's business license. Wu Baohong's injury was in August 2nd of that year, that is to say, this evidence could only prove that he was injured and had labor relations with the company, which could not prove his working relationship when he was injured.

The only hope was lost again, and lawyers advised Wu Bao Hong to try to resolve the dispute through mediation. However, the company insisted on not paying any compensation, and thought that it had paid part of its medical expenses. It was done its own responsibility and should not be compensated again. Wu Baohong had to continue to solve problems through legal channels.

The lawyer realized that Wu Baohong was still living in the dormitory provided by the company after he was injured and discharged, and the company had driven him out of the dormitory because of repeated disputes over compensation. Because he had no money to rent a house, he had a conflict with the unit. After the police sent out the police, the police agreed that Wu Baohong would stay in the former dormitory for the time being. Lawyers believe that this situation can also prove the labor relationship from the side, so they applied for a court to go to the police station to verify the situation. At the same time, Wu Baohong has provided a new situation. When he entered the office, the company handled the wages card of ICBC, and they applied for the court to get the bank card's account opening unit.

With these reliable evidences, the lawyer thought that the problem of confirming labor relations was not large, followed by the identification of work-related injuries. Wu Baohong's family has a high paraplegic brother to take care of. Wu Baohong's salary is not high, but it is the only source of income in the family. And his immediate situation is that although the unit is free to live, but there is no wage income, the family lost its economic backbone, and his wife came to Beijing in order to take care of him. In view of these circumstances, coupled with the good recovery of the injured hand, Wu Baohong agreed that the lawyer could get the compensation through mediation as soon as possible.

After repeated communication, the company's attitude changed and agreed to conciliation. Finally, after consultations between the two sides, the company gave Wu Baohong 28000 yuan as compensation.