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Chapter 138 Work Injury Accident (3)

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    "Let's talk about the plaintiff Zhou Ping's family first," Lin Miao said.

    As the representative of Zhou Ping¡¯s family, Wu You said: ¡°According to Article 39 of the Regulations on Work-related Injury Insurance: ¡°When an employee dies due to work, his close relatives shall receive funeral subsidies, pensions for dependent relatives and  Lump sum death benefit:

    1. Funeral subsidy: It is the average monthly salary of employees in the area under overall planning for 6 months in the previous year.

    2. Pensions for supporting relatives: according to a certain percentage of the wages of the employees themselves, it will be paid to relatives who are unable to work and provide the main source of livelihood for the employees who died due to work.  The standard is: spouse 40% per month, other relatives 30% per month.

    3. One-time work-related death subsidy: the standard is 20 times the per capita disposable income of urban residents nationwide in the previous year.

    And the medical expenses incurred by Zhou Ping during the course of his illness.

    The total of the above expenses is 2.2 million.  "

    The psychological expectations of Wu You and Zhou's family are 5%-8% lower than the 2.2 million.

    Lin Hao, the agent of company a, the employer, said: "First of all, on behalf of company a, I express my regret for Zhou Ping's death and my condolences to Zhou Ping's family. Now, on behalf of company a, I express my opinion on Zhou Ping's case: Zhou Ping's death has passed through the human agency  As determined by the department and the administrative reconsideration of the Huaihai Municipal Government, Zhou Ping¡¯s death was not a work-related injury, so Company A does not need to bear the liability for work-related injury compensation. Therefore, the plaintiff¡¯s 2.2 million work-related injury compensation has no factual and legal basis; however, Company A as  The responsible company, as well as its humanistic care for its employees, is willing to compensate Zhou Ping's family members 100,000 yuan out of humanitarianism."

    "100,000, who do you hate?" Zhou Fei slapped the table angrily and stood up.

    Lin Hao was unmoved, and just said politely: "Mr. Zhou, don't get excited, this is already the greatest kindness released by Company A."

    "You still talk!" Zhou Fei said angrily.

    "Calm down." Wu You said.

    "Judge Lin, it seems that we can't reach an agreement today, and the two sides can't reach an agreement on the essential issues." Wu You said.

    Feeling helpless, Lin Miao said, "Company A, is there no possibility of coordination?"

    Lin Hao shook his head and said: "Company A only gives me this kind of authority. If the plaintiff disagrees, he must go through litigation procedures. If the plaintiff loses the lawsuit, Company A will not even compensate the 100,000 yuan. Please ask the plaintiff to think about it."  clear."

    "Tell you, we need an explanation and justice." Zhou Fei said.

    "Then I'll see you in court." Lin Hao said.

    Lin Miao put away the case file and said to Lin Hao and Wu You: "Go and set a time for the court session with the clerk, and you all go back to do the client's ideological work and try to reach a mediation."

    "Okay." Wu You said.

    "Understood." Lin Hao said politely.

    When it came time for the trial, the plaintiff Zhou Ping's wife Xue Dongqin and his agent Wu You, the defendant Huaihai Human Resources and Social Security Bureau and Huaihai Municipal Government's agent Huang Wei, and the third party, company a's agent Lin Hao, appeared in court to respond to the lawsuit.

    Judge Lin Miao said: "Before the official trial, I will ask the plaintiff and the defendant again whether they agree to mediation?"

    Wu You said: "I disagree with the mediation conditions proposed by the defendant."

    Lin Hao said: "The third party also disagrees, so I ask the court to make a judgment in accordance with the law."

    Lin Miao said: "Then let's start the court formally. The plaintiffs Xue Dongqin, Zhou Xiaoya (Zhou Fei's daughter), and Zhou Damin (Zhou Fei's father) sued the defendant Huaihai Human Resources and Social Security Bureau, Huaihai Municipal People's Government, and the third party, Company A, for their work-related injuries.  I will proceed with the court hearing. I will apply the summary procedure to conduct the trial alone. Do the plaintiff and the defendant have any objections?"

    Wu You, Huang Wei, and Lin Hao replied in unison: "No objection."

    Lin Miao said: "Does the third party, the plaintiff and the defendant, have any objections to the respondent in court?"

    "No objection." Wu You, Huang Wei, and Lin Hao said.

    "Next, I invite the plaintiff to present the complaint." Lin Miao said.

    Wu You said: "The deceased, Zhou Ping, was an employee of defendant company a. At about 14:00 on January 15, Zhou Ping felt a heart discomfort that continued and intensified. At 14:40, Zhou Ping asked the department manager for leave to leave the unit and returned home.  He took out his medical insurance card and was accompanied by his family for medical treatment. Zhou Ping arrived at home at around 15:20, and his heart discomfort continued to increase.  , Zhou Ping was admitted to the hospital at 16:00, complaining of precordial pain for 2 hours, accompanied by chest tightness, shortness of breath, arrhythmia and other symptoms, and a history of heart disease. Zhou Ping died on the same day after rescue failed, and the cause of death was acute inferior wall myocardial infarction. The plaintiff  On February 20th, the defendant in this case, Huaihai City Human Resources and Social Security Bureau, filed an application for work-related injury identification.Therefore, the plaintiff filed an administrative reconsideration with the Huaihai Municipal People's Government on March 28, and the Huaihai Municipal People's Government made an administrative reconsideration decision not to recognize work-related injuries.  The plaintiff believes that according to the first paragraph of Article 15 of the "Regulations on Work-related Injury Insurance", Zhou Ping fell ill during working hours and on the job, and died after rescue failed, so it should be recognized as a work-related injury.  If it is wrong, it sues to the court, requesting the court to revoke the administrative reconsideration decision and the decision not to recognize the work-related injury, and make a ruling to recognize the work-related injury.  "

    "The defendant replied." Lin Miao said.

    Huang Wei said: "The two defendants defended together. The two defendants believed that Zhou Ping, the deceased, felt unwell in his heart during working hours and on the job.  The caller was sent to the hospital and died due to ineffective rescue, who did not comply with the provisions of Item (1) of Paragraph 1 of Article 15 of the "Regulations on Work-related Injury Insurance", died of sudden illness during working hours and positions, or died within 48 hours after rescue was invalid  In this case, the defendant¡¯s work-related injury identification and administrative reconsideration decision identified the facts clearly and applied the law correctly, and requested the court to reject the plaintiff¡¯s claim.¡±

    "The third person defended." Lin Miao said.

    Lin Hao said: "I am defending on behalf of Company A, the third party. First, I support the two defendants' decision not to recognize work-related injuries and the administrative reconsideration decision. Although Company A feels sorry for the death of the deceased Zhou Ping, it still believes that it should be respected."  Facts and the determination of the administrative agency, Zhou Ping's death is not a work-related injury. Second, Zhou Ping left the company without fulfilling the corresponding leave procedures. Company A has strict rules and regulations, and relevant training has been carried out during employee induction training and employees  The signature is evidence. According to the employee leave request system of company a, if an employee asks for one day's leave, he must apply in the company's internal oa and get the approval of the department manager. However, Zhou Ping did not go through the leave application procedures.  It complies with the company's leave system, so Zhou Ping's behavior is absent from work, and does not comply with the provisions of the "Regulations on Work Injury Insurance" on working hours and on-the-job illness."

    Wu You frowned.  (Remember the site URL: www.hlnovel.com
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