6 Years Pending Compensation For Industrial Injury

Dong Moumou was born in 1969 in Luancheng District of Shijiazhuang. She was born in 1969 and entered the first branch of a Chemical Co., Ltd. in the end of 2005.

The two sides signed a written labor contract with a term of December 31, 2010.

On the night shift in January 29, 2010, Dong Moumou injured his waist when he carried the finished product bag. He was asked to take leave due to the aggravation of the injury and rest treatment.

The unit did not agree to declare industrial injury for Dong Mou. Not only did he stop Dong Mou's wages during his leave, but also unilaterally lifted the labor contract in July 2010.

Many times the negotiations failed, Tung Mou and a labor arbitration, and the local human resources and Social Security Bureau for industrial injury identification.

When Dong Mou applied for industrial injury identification, the County Council decided to suspend work injury identification and resume work injury identification, and the Municipal Council did not recognize the work-related injury. The provincial office reconsideration did not maintain the industrial injury. The two court decision revoked the decision to not identify the work-related injury. The City Council decided once again not to recognize the work-related injury. The provincial office reconsideration decided to revoke the decision not to identify the work-related injury, the Municipal Bureau was reconfirmed as work-related injury, the provincial office maintained the injury identification, and the two court decision upheld the industrial injury identification and so on. More than a dozen legal procedures went down and lasted for more than four years.

After that, Dong Mou applied for a disability rating for work-related injuries, and was assessed as a nine grade disability.

The unit is still unwilling to give any compensation, so Dong Mou seeks help from the legal aid group of the Shijiazhuang Federation of trade unions.

Owing to the inconvenience of Dong Mou's waist disability, Zhao, his more than 70 year old mother, found the Shijiazhuang Federation of trade unions.

Sun Shuping, Minister of the Ministry of law, personally interviewed Ms Zhao. After examination, he agreed that Tung Mou's request was in line with the requirements, and promptly handled relevant procedures and arranged for the first workers to join the trade union.

Liang Jianwen, a lawyer with rich experience in handling cases, provides legal aid to them.

Liang took into account that the employer used the procedure to delay the identification of work-related injuries for 4 years. After obtaining the consent of the parties, he decided to stop the earlier stage mediation and directly bring up labor and labor arbitration.

A number of requests for revocation of employer's labor contract decision, replacement of wages, compensation for medical expenses, disability allowance, etc. are put forward.

Before the filing of the case, Liang took the industrial and commercial registration information of the unit to the Shijiazhuang Municipal Bureau of industry and Commerce respectively.

Owing to the complexity of the case, the tribunal's two trial lasted for two days.

In the court, the employer not only denied the result of the work injury, but also said that the employee was absent from work due to work-related injuries. He also raised various accusations against the workers' medical treatment process and denied the amount of compensation.

Liang argued against his views one by one.

The Labor Arbitration Commission ruled in January 2016 that employers pay wages, medical expenses and disability allowances, such as work-related injury insurance benefits, economic compensation and so on, totaling more than 21 yuan.

However, there are still some unreasonable points in the arbitration result concerning the wages and wages of the Dong Mou and so on.

In the city

With the support of Liang, attorney Zhang Dong Mou filed a civil action against the Luancheng district court.

In the lawsuit, Liang lawyer, as always, prepared materials carefully, participated in the court trial seriously, and participated in mediation several times under the presiding of the judge.

Mediation is fruitless because of employers' attitude.

In April 2016, the Luancheng District Court decided that the employer paid wages to Dong Mou and so on, totaling more than 26 yuan.

After careful consideration of the law department and Liang lawyer, the Municipal Federation of trade unions decided to give legal advice to Dong Mou for an appeal.

The appeal case is now in court and is awaiting the result.

In determining industrial injuries, there is usually no major controversy over the personal injury or occupational disease caused by production safety accidents.

However, for occupational (risk) factors that cause workers' disease (disability),

It is often argued that organs, employers and workers are very controversial.

The main reason for the result of the disability is whether the employees are in their own conditions or their professional positions. There is a situation where it is difficult to find out the facts and there are many reasons.

For example, in the reply of the general office of the Ministry of labor about whether the onset of work hours can be comparable to the treatment of industrial injuries (labor office issued [1996]133), occupational factors, such as arranging overtime work for workers, cause disability caused by diseases, which can be handled according to industrial injury.

However, in 2004, the industrial injury insurance Ordinance adopted a strictly restricted attitude. It only stipulated that the death of a sudden illness or death within 48 hours after work hours was regarded as a work-related injury. This provision has attracted much public attention in recent years, and has often triggered widespread discussion.

Industrial injury identification and industrial injury compensation "turn the cake" is often controversial on the standard of proof for industrial injury.

At present, in the work injury identification agency, there are many people who advocate "strict standard of proof" on the ground of protecting the safety of industrial injury and social insurance.

As a result, employers pay a lot of money, and the burden is not small. It is very difficult to identify work-related injuries, workers are not benefited, there are too many industrial injury insurance balances, and the state pays social insurance premiums.

Moreover, this view is not recognized and supported by the people's court.

For this case, the employer did not take part in the industrial injury insurance, and could not share the risk of employment.

The system of "industrial injury first payment" did not come to the ground. Only six years of unresolved industrial injury cases grieved the hearts of mothers and daughters. Only because of trade unions, the road of litigation was hard and the legal rights and interests were finally maintained.

The trade union's legal aid to Dong Dong Mou of workers reflects the change of the ideological and working style shared by the trade union's rights and interests. It also shows that the trade union can not only participate in the source, but also dare to make "paper rights" become the "rights and interests of employees".

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