The industrial injury safeguards the rights and repeatly offers the sky-high price Pneumoconiosis worker want 3 million decide 130 000 only

The industrial injury safeguards the rights and repeatly offers the sky-high price Pneumoconiosis worker want, 3 million decide 130,000 only
Yesterday, the urban court of the deep meditation announced " sky-high price " of lung dust workers together Claim case, Mr. Chen prosecute former the intersection of master and requirement, add up to more than 3 million yuan compensating for lump-sum wounded or disabled subsidy, wounded or disabled subsidy,etc. because of industrial injury, final last instance only obtains the compensation of 130,000 yuan. The reporter knows because whether no matter industrial injury case claims 1 yuan or a million yuan, only charge the court cost of 10 yuan at most, this makes recent court of deep meditation city present a large amount of " sky-high price " Claim case, the negative effect that the back brings is worth thinking deeply about too.
Workers: Suffer from pneumoconiosis Ask for the sky-high price damages
Mr. Chen was engaged in wasting the drill workshop and producing the work entering market one five metals ornament Co., Ltd. of Foshan in March of 1997, it is ill to contact the dust in the work. Diagnosed as " the first stage of silicon pulmonary tuberculosis " through the hospital treatment of occupational disease precaution clinic of Guangdong Province on November 6, 2007 ,Regard as the industrial injury through Foshan deep meditation urban work and social security office on February 29, 2008, identified as six grades of disability through the labour capacity evaluation committee of Foshan on July 22 of the same year. In order to safeguard the legitimate rights and interests, Mr. Chen once consulted with ornament company on industrial injury and personal compensation for damage matters, opinion that but not reached an agreement. He then lodges a complaint against ornament company and requires the company to amount to 3075612.10 yuan compensating every expenses, treat the fee, is up to 2262000 yuan in follow-up that among them only.
Company: Wish to compensate but want the rescission of the contract first
Claim to the intersection of ornament and Company this actual wage base of Mr. Chen 1971.89, even pretax it pays salary before the social insurance to be 2118 yuaning, it is wrong that it is calculated but his great amount of compensation is asked. The ornament company always agrees to pay the insurance treatment of the lump-sum industrial injury to Mr. Chen according to relevant provision and standard of " insurance regulations of the industrial injury of Guangdong Province ", but should stop work concerning and industrial injury insurance relation between both sides first, and after the company finish paying the insurance treatment of the lump-sum industrial injury to Mr. Chen, Mr. Chen has no right to require the company to fulfil any rights and obligations related to relation of working again, have no right to require the company to pay any following expenses again.
Unless claim also ornament Company, is it so-called and subsequent take place actually expenses,require Mr. Chen whether the expenseses therapeutic taken place yet to pays one fact in company according to and legislative authority.
Judgement: Compensate other 130,000 and refuse to support
The urban court's first instance of the deep meditation thinks, according to article 29 of " insurance regulations of the industrial injury of Guangdong Province ", the disabled worker of five to six grades, the industrial injury worker proposes or in the closure and bankruptcy of employing unit, this worker removes or stops the relation of working with the employing unit all right. Mr. Chen has required the ornament company to pay subsidy and medical subsidy of lump-sum industrial injury lump-sumly and woundedly or disabledly and obtain employment during arbitrating in labour dispute, can be regarded as it and requested to remove work relations of both sides, the company also agrees to remove work relations of both sides, so, the court confirms the work relations of both sides are removed. In addition, the court compensates with 14, 40 times of and 8 times of the monthly salary separately according to the relevant provision of " insurance regulations of the industrial injury of Guangdong Province ", the total is 131316 yuan. Other request of Mr. Chen, the for instance wounded or disabled subsidy,etc., the court of deep meditation city refuses to support.
Last instance: Other request can be prosecuted separately
After first instance, Mr. Chen does not agree with the judgement, put forward appeal the intermediate court of Foshan.
The second instance of intermediate people's court of Foshan thinks, occupational disease is a kind of chronic disease, , can expenses go on and then claim take place actually, in recover still. In addition, Mr. Chen compensates for the industrial injury and demands to compensate for the deformity damages, bring up into the intersection of people and living cost, spirit damage conciliate gold personal the intersection of compensation for damage and demand of legal relation, converge and prosecute in the same case, because compensation for damage and ordinary civil infringement of industrial accident are compensated for do not belong to the legal relation in the same department's law category, judicial processes that the two deal with are also different to some extent, so the first instance court has not supported this part to ask to be correct. In view of the above, the intermediate court of Foshan has rejected the appeal of Mr. Chen to ask, the intermediate court still tells Mr. Chen in the judgement document, this part of obligees of personal compensation for damage can advocate the right in handled as a separate casing.
Why claim of industrial injury " The sky-high price " Many?
The people, presiding judge Chen of front yard of deep meditation city court explain, Mr. Chen's " sky-high price " of more than 3 million yuan The enormous drop worth thinking deeply about that the claim forms. The near future, the intersection of deep meditation and the intersection of city and the intersection of industrial injury and case of compensating etc. court receive, damage statement and adjudicate the intersection of result and high-drop finally basically. The main reason for this result is that the industrial injury lawsuit cost of case is low. According to the court cost charge way that the State Council issues newly, if industrial injury case is applicable to the summary procedure and only charge the court cost of 5 yuan, only permit to collect the court cost of 10 yuan as applicable to the ordinary proceduring. Compare with compensation for damage case got in touch of the sum of claim with other court costs, because there is no restraint of the court cost, ask for 10,000 yuan and 1 million yuan to compensate for lawsuit party, there is no difference. May compensate to hold more, the psychology to be compensated few few, the plaintifves are all inclined to making claim amount a bit higher.
Presiding judge Chen says, the labourer is worth sympathizing with by the industrial injury, but will go to court rationally too. Ask an exorbitant price the behavior not only causes the disgust of the other side of the lawsuit, but also will increase the difficulty mediated and carried out, spin out lawsuit time and time to get damages, often lose more than gain. (Liu YiMing Ling Wei)
|