Farmers' Work Hours, Injuries, Court Decision, Employer Compensation

Wu Aizhu, a villager in a suburb of Zhumadian suburb, is a 63 year old man.

5 years ago, the old man was employed by Zhumadian Longhua animal husbandry Co., Ltd., earning 2500 yuan a month for cleaning, collecting eggs and raising chickens.

For this relatively stable work, Wu Aizhu is very satisfied.

Unexpectedly, in June 25, 2015, Wu Aizhu accidentally fell down at work, resulting in waist injury, and was later certified by Zhumadian military forensic clinical forensic as grade eight disability.

Because of the dispute over compensation and the company, the female migrant worker finally took legal weapons and went on the path of safeguarding rights.

At first, Wu Aizhu felt a pain in the waist after falling down. He thought it was a sprained muscle. He didn't care much about it, so he went back to his home after he had asked for leave from the company.

However, two days later, the injury still did not improve. Wu Aizhu, who was suffering from pain, felt serious. He hurried to a department of orthopedics hospital in Zhumadian for a radiography examination. The diagnosis was a compression fracture of the waist.

Because of family financial constraints, Wu Aizhu did not hospitalized, but chose to go home to take medicine and rest for rehabilitation.

However, because she did not go to hospital for diagnosis in time, she did not receive treatment in the hospital after the fall. This brought many difficulties for Wu Aizhu to provide evidence and cost documents when she filed a lawsuit, which once brought her into a passive position.

In April 25, 2016, Wu Aizhu applied to the Zhumadian labor and personnel dispute arbitration committee.

The Arbitration Commission issued an inadmissible notice on the grounds that the applicant Wu Aizhu exceeded the statutory retirement age.

But Wu Aizhu, under the advice of his lawyer, prosecuted the people's Court of Yicheng District in Zhumadian on the grounds of labor dispute.

After the court was put on file, the case was heard publicly.

In court, the agent of Zhumadian Longhua animal husbandry Co., Ltd. argued that Wu Aizhu said the fall occurred in the morning of June 25, 2015, but the witness proved that the accident happened in June 24, 2015 and the time was inconsistent.

A few days later, Wu Aizhu went to the company to say that he broke his waist and could not prove that his waist injury was related to the accident. Wu Aizhu's compression fracture of the waist was caused by the old wound or the new injury could not be determined.

Moreover, even if Wu Aizhu was hurt when he was working in the company, he should not support the delay in work because Wu Aizhu had exceeded the statutory retirement age. According to the relevant regulations, the court should not support the cost of delay, mental damage, solatium and so on when Wu Aizhu was prosecuting.

During the trial, Zhumadian Longhua animal husbandry Co., Ltd. also proposed that the disability identification made by Wu Aizhu was commissioned unilaterally, and written request for re identification.

Since then, the original defendant and the defendant have selected the Zhengzhou Huamei Forensic Clinical Forensic Institute as the appraisal body under the organization of the court.

In September 2, 2016, the judicial authentication office made the appraisal opinion of the Zheng Huamei forensic medical examiner's [2016] Pro sign No. 518th. The appraisal opinions were as follows: the identified person Wu Aizhu waist 1 vertebral compression fracture was assessed as nine grade disability; the identified person Wu Aizhu was mistaken for 150 days.

After the court hearing, Zhumadian city Longhua animal husbandry Co., Ltd. hired Wu Aizhu to work in the company, and the two formed labor relations.

Zhumadian Longhua animal husbandry Co., Ltd., as a party receiving labor services, has not done the duty of safety management, and has the fault. It should bear the corresponding liability for compensation. Wu Aizhu, as a party providing labor services, has not paid enough attention to safety in labor.

If you fall down carelessly at work, you should bear some responsibility for yourself.

According to the actual situation of this case, Wu Aizhu should bear 20% responsibilities. The Zhumadian Longhua animal husbandry Co., Ltd. should bear 80% of the responsibility.

According to relevant laws and regulations, the court of Yicheng District calculated the losses of Wu Aizhu as follows: 1. medical expenses should be paid according to actual expenditure.

1069.5 yuan identified.

2. the rate of delay in work should be calculated according to the standard of per capita disposable income of 25576 yuan per year in Henan province. The number of days of tardiness of Wu Aizhu should be 150 days according to the conclusion of the appraisal. 150.

3. the period of nursing is 60 days according to the conclusion of the appraisal. It should be calculated in accordance with the 30482 yuan / year of the residents' service industry and other services in the previous year.

4. disability compensation is determined according to the per capita net income of rural residents in the previous year 10853 yuan / year, nine level disability, the compensation index should be 20%. When the accident occurred, Wu Aizhu reached the age of 60 and the compensation period was 20 years.

5. the pportation cost is 300 yuan according to the actual situation of Wu Aizhu's hospitalization.

6. the appraisal fee is 4125 yuan in actual expenditure.

The above losses amount to 64097.18 yuan and should be borne by Zhumadian Longhua animal husbandry Co., Ltd. 80%.

The mental injury solatium can be set at 8000 yuan according to the degree of disability caused by Wu Aizhu in the accident.

As regards the nutritional cost Wu Aizhu requested, the request should not be supported because it was not hospitalized.

Recently, according to the provisions of the People's Republic of China Tort Liability Act sixteenth, twenty-second, thirty-fifth, the Supreme People's court's interpretation of several issues concerning the use of law in the cases of personal injury compensation, eleventh provisions of the People's Republic of China tort law, and sixty-fourth provisions of the People's Republic of China civil procedure law, the court in accordance with the provisions of the sixty-fourth law of the Civil Procedure Law of the people's Republic of China made the judgment No. 2954 in Henan Province 1702 early in the Republic of China: the defendant, Zhumadian Longhua animal husbandry company limited, paid the plaintiff a total of 59277.74 yuan within the 10 days after the judgment came into effect.

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