Compensation case of migrant workers infected with COVID-19 virus

Legal analysis: The court of Haimen City, Jiangsu Province found that the plaintiff Fan was a laborer who went abroad and was infected with falciparum malaria after returning home 10. However, the probability of the plaintiff Fan suffering from the disease in the country where he worked was significantly higher than that after returning home, so it was found that the plaintiff was infected while working abroad, and the employer should be liable for compensation according to law.

Legal basis: Article 12 of the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases. All units and individuals within the territory of People's Republic of China (PRC) must accept the investigation, inspection, sample collection and isolation treatment of infectious diseases by disease prevention and control institutions and medical institutions, and provide relevant information truthfully. Disease prevention and control institutions and medical institutions shall not disclose relevant information and materials involving personal privacy.

Where the administrative department of health and other relevant departments, disease prevention and control institutions and medical institutions illegally implement administrative management or prevention and control measures and infringe upon the legitimate rights and interests of units and individuals, the relevant units and individuals may apply for administrative reconsideration or bring a lawsuit according to law.