Mock trial (economic dispute)
Moderator: Hello everyone, welcome to mock trial, business school. Originally, it was a harmonious employment relationship in which you contributed and I contributed, but because of an accidental work injury, the plaintiff worker Zhang lost his precious left arm, and Zhang also sued the defendant Wuhan Sanxing Textile Co., Ltd. in a complaint. Can the plaintiff get compensation from the defendant, and how much is the compensation? Now welcome 10 class 1 class students to give a wonderful performance. thank you
First, the trial preparation stage.
Clerk: The plaintiff, the defendant and their entrusted agents are invited to appear in court.
Did the original defendant appear in court?
Defendant: Appear in court.
Clerk: Did the defendant's agent ad litem appear in court?
Agent ad litem of the defendant in the original trial: appear in court.
Clerk: Please be quiet. Now we declare the court discipline:
1. During the trial of the case, the communication tools such as pagers and mobile phones should be turned off;
2. Without permission, no audio recording, video recording or video recording is allowed. If you can take pictures with permission, no flash is allowed;
3. Do not walk around and enter the test area at will;
4. Do not ask questions, ask questions, applaud, make noise, make trouble or commit other acts that hinder judicial activities;
5. Take care of the court facilities, keep the court clean, and do not smoke or spit anywhere;
6. If an observer violates the rules of the court, the presiding judge may, with the approval of the presiding judge, verbally warn, admonish, confiscate audio, video and photographic equipment, order him to leave the court, or impose a fine or detention; Disrupting the court order, insulting, slandering, threatening, beating judges and other serious disturbances to the court order, shall be investigated for criminal responsibility according to law;
7. Citizens who have opinions or suggestions on the trial of the case may submit them to the court in writing after the court adjourns.
Observers must strictly abide by the above court rules.
(3) All the people stood up and invited the presiding judge and judges to appear in court.
(The presiding judge enters in turn)
(4) Report to the presiding judge (before going to the presiding judge) that the parties are in court, and the court is ready to open the court. Now it can open the court (return to the seat).
Presiding Judge: Thank you, clerk. You are all seated.
Presiding Judge: Now, the trial begins. First, check the identity of the parties. The plaintiff should report your name, age, nationality, date of birth, work unit, position and home address to the court.
Plaintiff: My name is Zhang, male, born in1984165438+10, Han nationality, and now I live in Wujiatian, Yangluo Street 146, Xinzhou District, Wuhan.
Presiding Judge: The plaintiff entrusts an agent to report your name to the court, explaining your work unit, position and agency authority.
Authorized Agent: Zhou, lawyer of Hubei Gantai Law Firm, with full authority.
Presiding Judge: The defendant reports your name, age, nationality, date of birth, work unit, position and home address to the court.
Defendant: Wuhan Sanxing Textile Co., Ltd., domicile: Yangluo Street Industrial Park, Xinzhou District, legal representative: Wang Ying, board chairman of the company.
Presiding Judge: The defendant entrusts an agent to report your names to the court respectively, explaining your work unit, position and agency authority.
Authorized Agent of the defendant: Peng, lawyer of Hubei Pingyuan Law Firm, and entrusted agent.
Trial: plaintiff, do you have any objection to the identity of the defendant and his agent ad litem?
Plaintiff:No..
Trial: defendant, do you have any objection to the identity of the plaintiff and his agent ad litem?
Defendant:No..
Presiding Judge: Upon examination, the identity and authorization authority of the above-mentioned parties and agents ad litem are consistent with the procedures handled before the court session. If the parties have not raised any objection, their qualification for appearing in court is valid. They are allowed to take part in the proceedings, and the trial is now in session. (tapping the gavel)
Presiding Judge: According to the provisions of Article 40 (1) and Article 120 of the Civil Procedure Law of People's Republic of China (PRC), the Xinzhou District People's Court of Wuhan held a public hearing today to hear the dispute between the plaintiff Zhang and the defendant Wuhan Sanxing Textile Co., Ltd. ... The members of the collegial panel are announced as follows. In this case, () is the presiding judge, () is the judge, () is the collegial panel, and the clerk () is the court record.
Presiding Judge: I will inform you of my rights and obligations.
According to the provisions of Articles 50, 51, 52 and 107 of the Civil Procedure Law of People's Republic of China (PRC), the parties in civil litigation have the following litigation rights and obligations:
1, the right to state and defend the facts of the case;
2. The right to entrust an agent to collect, provide evidence, debate, request mediation, appeal and apply for enforcement;
3. The plaintiff can give up or change the claim, and the defendant can admit and refute the plaintiff's claim and have the right to file a counterclaim;
4. Both parties must enjoy the rights of criminal proceedings in accordance with the law, abide by the rules of procedure, and shall not speak without the consent of the presiding judge;
5. If the plaintiff withdraws from court without the permission of the court, it can be treated as a lawsuit, and if the defendant withdraws from court without the permission of the court, it can be judged by default;
6. Both parties have the obligation to consciously perform the legally effective judgments, rulings and conciliation statements, and pay the litigation fees as required.
Are the original defendant and the defendant clear about the litigation rights and obligations of both parties?
Plaintiff: Innocent.
Defendant: Not guilty.
Presiding Judge: According to Articles 45 and 46 of the Civil Procedure Law of People's Republic of China (PRC), the parties have the right to apply for withdrawal. If a judge has the following three circumstances, which may affect the fair trial of a case, the parties have the right to apply for his withdrawal orally or in writing: 1, the parties to this case or the close relatives of the parties or agents ad litem; 2. Interested in the case; 3. Having other relations with the parties to the case, which may affect the fair trial of the case. The application for withdrawal shall be filed before the court session; In the course of the trial, if you know something that needs to be avoided, you should raise it before the end of the court debate and explain the legitimate reasons to the court.
Presiding Judge: Plaintiff, do you ask the collegial panel and the clerk to withdraw?
Plaintiff: No application.
Presiding Judge: Did the defendant apply for withdrawal?
Defendant: No application.
Second, the court investigation stage
Trial: The trial is divided into four stages: court investigation, court debate, court mediation and court verdict. The following is a court fact-finding. The parties have the responsibility to provide evidence for their own claims, and shall explain the reasons for refuting the other party's claims. First, the plaintiff states the facts, claims and reasons.
Plaintiff:
Litigation request:
1. The defendant was ordered to pay the plaintiff a one-time disability allowance of 22,000 yuan, a one-time medical allowance of 35,928 yuan, a one-time disability allowance of 265,438 yuan +0.65438 yuan, a one-time assistive device fee of 422,400 yuan, a hospital food allowance of 65,438 yuan +0.050 yuan, a salary of 8,800 yuan during paid shutdown, and labor ability.
The legal costs of this case shall be borne by the defendant.
Facts and reasons:
On February 6, 2009, the defendant Wuhan Samsung Textile Co., Ltd. hired the plaintiff Zhang to work in his unit to move cars in the flower washing workshop, with an agreed monthly salary of 1 100 yuan, and did not apply for work-related injury insurance. On March 3, 2009 13:00, the plaintiff was unfortunately broken by a machine while working in the defendant's flower cleaning workshop. The plaintiff was immediately sent to Wuhan Puai Hospital for treatment, and was hospitalized for 2 1 day. He was discharged from hospital on March 24th, 2009. The diagnosis results are: 1, left upper limb injury, hemorrhagic shock; 2. Left neck soft tissue contusion. The hospital suggested continuing symptomatic treatment, wearing artificial limbs, strengthening nutrition, paying attention to rest and regular review. On May 4th, 2009, Xinzhou District Labor and Social Security Bureau issued the new and old social worker (2009) No.0 10, which was recognized as a work-related injury. On July 9, 2009, Wuhan Labor Ability Appraisal Committee issued a conclusion notice (Wu Lao Jian Jie Zi (2009) No.0780), which identified Zhang's disability level as Grade III. On July 10, 2009, Wuhan Labor Ability Appraisal Committee issued the Confirmation of Zhang's Auxiliary Devices Configuration, confirming that Zhang can be equipped with a popular prosthesis in China. On June 1 day, 2009, Wuhan Aigemei Rehabilitation Equipment Co., Ltd. made an evaluation opinion on assistive devices and equipment for the disabled (Aigemei Review (2009)No. 15), and the disposal opinion was: 1, which can assemble a three-degree-of-freedom upper arm inductive hand prosthesis that can be widely used in China; 2. The service life of the prosthesis is 3 years; 3, prosthetic maintenance costs for the prosthetic price of 20%; 4. It takes 30 days for the first assembly and 20 days for the second assembly. After leaving the hospital, the respondent turned a blind eye to the applicant and even refused to pay the most basic living expenses. In order to safeguard the legitimate rights and interests of the plaintiff, we hereby file a lawsuit in your hospital, demanding a notarized ruling according to law!
I am here to convey
Wuhan Xinzhou District People's Court
Tangible person: Zhang
20 10 1.7
Presiding Judge: Does the plaintiff have anything to add to the content of the lawsuit?
Plaintiff: No. ..
Presiding Judge: Now, the defendant will reply to the plaintiff's complaint.
Defendant: Plaintiff Zhang v. Wuhan Samsung Textile Co., Ltd., and the defendant raised the following defenses:
1. The respondent did not sign an agreement with the company to handle industrial injury insurance during his work in the company. In legal procedure, the enterprise has no obligation to provide compensation for work-related injury insurance for employees who have not voluntarily applied for work-related injury insurance.
2. The respondent's accident happened because he was inexperienced in the work process and did not draw the attention of relevant staff in time, which led to the accident. The respondent has more faults in the accident and should bear the main responsibility.
3. The Respondent thinks that the RMB 487,056.22 claimed by the Respondent should not be borne by the Respondent. The hospitalization expenses have been paid by the respondent after the accident, and 800 yuan pays the respondent three months' salary every month. In the absence of industrial injury insurance, the respondent, as an enterprise, has fulfilled its obligations. In the accident itself, the respondent is the main cause of the accident and should also bear certain responsibilities.
4. The Respondent believes that the Respondent should maintain labor relations with the Respondent, and the Respondent only needs to pay the Respondent's work injury insurance benefits. According to the appraisal of the applicant's industrial injury disability level by Wuhan Labor Appraisal Committee, according to Article 34 of the Measures for the Implementation of Industrial Injury Insurance in Wuhan: "If the industrial injury disability is identified as Grade I to Grade IV disability, the employee shall keep his labor relationship, quit his post and enjoy relevant treatment in accordance with the provisions of Article 33 of the Regulations on Industrial Injury Insurance. Therefore, the respondent does not need to compensate the amount of compensation requested by the respondent in one lump sum.
To sum up, we request your hospital to reject the plaintiff's unreasonable claim according to law.
Presiding Judge: Does the defendant have anything to add to his defense?
Defendant: No. ..
Presiding Judge: The following is an evidence review of the facts of the case. Because the case-filing institution has organized the parties to exchange evidence and conveyed the evidence list before the trial, during the cross-examination, the parties should explain the name and object of evidence according to the serial number of the evidence list submitted before the trial. When other litigants express their opinions on cross-examination, they should focus on the authenticity, legality, relevance, evidence effect and the size of proof effect of cross-examination. First of all, the plaintiff in this case presented evidence.
Agent ad litem of the plaintiff: We have three sets of evidence submitted to the court. Among them, the first group of evidence includes evidence 1, evidence 2 and evidence 3, which are used to prove the existence of labor relations between the plaintiff and the defendant and the wage and salary terms reached between the plaintiff and the defendant; The second group of evidence includes evidence 4, evidence 5, evidence 6, evidence 7 and evidence 8, which prove that the plaintiff's accident belongs to work-related injury and the disability level is Grade III, and the defendant shall make economic compensation to the plaintiff in accordance with the relevant provisions of the Regulations on Compensation for Work-related Injuries; The third group of evidence includes evidence 9, which proves the specific content of the plaintiff's economic loss. Next, we will explain each set of evidence in detail.
Evidence 1 copy of the labor contract signed by the plaintiff and the defendant on February 5, 2009/kloc-0. The labor contract signed by the plaintiff and the defendant stated that Party B (that is, Zhang) agreed to work as a cleaner in the flower cleaning workshop according to Party A's work needs.
Presiding judge: Please ask the bailiff to submit the evidence presented by the plaintiff to the court. Does the defendant have any objection to the evidence presented by the plaintiff?
Defendant: No objection.
Presiding Judge: Please ask the plaintiff to continue to give evidence.
Agent ad litem of the plaintiff: Evidence 2, testimony of witness Rollin Wang. The witness clearly stated: "When they met, Director Gan called me and asked me to tell Zhang that his monthly salary was nearly 1 100 yuan. The next day (February 16, 2009), Zhang started to work in the company. His job was to be a lathe worker in Qinghua Workshop. "
Presiding judge: Please ask the bailiff to submit the evidence presented by the plaintiff to the court. Does the defendant have any objection to the evidence presented by the plaintiff?
Defendant: Objection. There are doubts about the credibility of the witness's testimony in Evidence 2, and the judge is requested to summon the witness Rollin Wang to appear in court for cross-examination.
Presiding judge: The defendant has no objection to the evidence presented by the plaintiff and will confirm it later.
The plaintiff applied for Rollin Wang to testify in court, and invited witness Rollin Wang to appear in court.
Witness Rollin Wang, your name, gender, date of birth, occupation and address?
Witness Rollin Wang: Rollin Wang, female, born in June 1968 10, employee of Samsung Cotton Mill Co., Ltd., living in Wujiatian, Yangluo District.
Presiding Judge: Witness Rollin Wang, according to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC), you must truthfully provide testimony and answer questions about the facts you know, and you must not commit perjury, otherwise you will bear corresponding legal responsibilities. You got it?
Witness Rollin Wang: Listen carefully.
Presiding Judge: Now please ask the plaintiff's agent to ask questions.
Plaintiff's agent: What's the name of your factory?
Witness Rollin Wang: Samsung Cotton Spinning Co., Ltd.
Plaintiff's agent: What's your relationship with the plaintiff?
Witness Rollin Wang: Colleague relationship.
Agent ad litem of the plaintiff: How did Zhang come to work in your company?
Witness: Before the Spring Festival this year, Director Gan, who is in charge of our company, told me that he wanted me to introduce skilled lathe workers to the company and said that the company was short of people. From February 65438 to May 2009, I took Zhang to the company to meet with Director Gan, because Zhang worked in shifts for four years. After the meeting, Director Gan called a meeting of all directors, and Zhang attended. Before they met, Director Gan called me and told me that he wanted me to tell Zhang that his monthly salary was nearly 1 100 yuan. The next day (February, 2009 16), Zhang started to work in the company as a lathe worker in Tsinghua workshop. Zhang worked in the company for more than ten days when he was injured.
Plaintiff's lawyer: OK, Judge, I have finished asking.
Presiding Judge: Now please ask the defendant's agent ad litem to ask questions.
Agent ad litem of the defendant: I would like to ask, apart from work, what is your usual relationship with the plaintiff?
Witness Rollin Wang: Usually it's a colleague relationship, but a personal relationship is ok.
Agent ad litem: As far as you know, what kind of person is the plaintiff?
Witness Rollin Wang: I don't usually talk much, but I do things honestly.
Agent ad litem of the defendant: So what are your two main responsibilities?
Witness Rollin Wang: Mainly the types of car stalls in the flower washing workshop.
Agent ad litem of the defendant: OK, I have finished asking.
Presiding judge: Do the defendant and the defendant have anything to ask the witness?
Defendant:No..
Presiding judge: The witness can leave the court. Ask the plaintiff to continue to give evidence.
Agent ad litem of the plaintiff: Xi Shou, 3 cases, showing: "Discharge diagnosis: 1, left upper limb crush injury: ① left upper limb injury; ② Hemorrhagic shock; ② left neck soft tissue contusion. "
Presiding judge: Please ask the bailiff to submit the evidence presented by the plaintiff to the court. Does the defendant have any objection to the evidence presented by the plaintiff?
Replaced: No objection.
Presiding Judge: Please ask the plaintiff to continue to give evidence.
Plaintiff's agent ad litem: Evidence 4: The Notice on the Conclusion of Work-related Injury Determination states: "According to the investigation and the provisions of Article 10, paragraph 1 of the Regulations on Work-related Injury Insurance of the State Council, it is determined that Zhang suffered a mechanical accident at work on March 3, 2009, which is a work-related injury and meets the conditions for work-related injury determination, and is now recognized as a work-related injury."
Presiding judge: Please ask the bailiff to submit the evidence presented by the plaintiff to the court. Does the defendant have any objection to the evidence presented by the plaintiff?
Defendant: No objection.
Presiding Judge: Please ask the plaintiff to continue to give evidence.
Plaintiff's agent ad litem: Evidence 5: Notice on the Conclusion of Work Ability Appraisal of Workers with Work Injury (Occupational Disease) in Wuhan, which states: "According to the National Standard for Appraisal of Work Ability of Workers with Work Injury (Occupational Disease) with Disability Grade (GB/T 16 180-2006), the work injury (occupational disease) that was appraised by our committee.
Presiding judge: Please ask the bailiff to submit the evidence presented by the plaintiff to the court. Does the defendant have any objection to the evidence presented by the plaintiff?
Replaced: No objection.
Presiding Judge: Please ask the plaintiff to continue to give evidence.
Plaintiff's agent ad litem: Evidence 6: Appraisal Opinion on the Assembly of Aids for the Disabled. The plaintiff's diagnosis results show that the plaintiff can be equipped with a three-degree-of-freedom upper arm induction hand (five-finger grasping) prosthesis widely used in China.
Presiding judge: Please ask the bailiff to submit the evidence presented by the plaintiff to the court. Does the defendant have any objection to the evidence presented by the plaintiff?
Replaced: No objection.
Presiding Judge: Please ask the plaintiff to continue to give evidence.
Plaintiff's agent ad litem: Confirmation of 7 pieces of evidence equipped with assistive devices According to the Regulations on Industrial Injury Insurance and the Measures for the Appraisal of the Labor Ability of Enterprise Employees in Wuhan, Zhang's disability level is Grade III, and he can be equipped with domestic popular prostheses.
Presiding judge: Please ask the bailiff to submit the evidence presented by the plaintiff to the court. Does the defendant have any objection to the evidence presented by the plaintiff?
Replaced: No objection.
Presiding Judge: Please ask the plaintiff to continue to give evidence.
Agent ad litem of the plaintiff: Evidence 8 Labor ability appraisal fee, artificial limb appraisal fee, labor ability inspection fee and transport invoice. * * * The total amount is 1050 yuan.
Presiding judge: Please ask the bailiff to submit the evidence presented by the plaintiff to the court. Does the defendant have any objection to the evidence presented by the plaintiff?
Replaced: Objection. The transportation fee for inspection in Wuhan First Hospital is not included in the work-related injury and disability.
Presiding Judge: Does the plaintiff have any other evidence?
Agent ad litem of the plaintiff: No.
Presiding Judge: Does the defendant have any evidence to provide to the court?
Agent ad litem of the defendant: Yes. Article 34 of the Measures for the Implementation of Work-related Injury Insurance clearly stipulates that if a work-related injury is recognized as a first-class to fourth-class disability, the employee shall retain the labor relationship, quit his post, and enjoy relevant treatment in accordance with the provisions of Article 33 of the Regulations on Work-related Injury Insurance.
Presiding judge: Please ask the bailiff to submit the evidence presented by the defendant to the court. Does the plaintiff have any objection to the evidence presented by the defendant?
Junior: No objection.
Presiding Judge: Please ask the defendant to continue to give evidence.
Defendant's agent ad litem: Evidence 2 The plaintiff's salary table shows that his monthly salary should be 800 yuan.
Presiding judge: Please ask the bailiff to submit the evidence presented by the defendant to the court. Does the plaintiff have any objection to the evidence presented by the defendant?
Junior: No objection.
Presiding Judge: Does the defendant have any other evidence?
Agent ad litem of the defendant: No.
Presiding Judge: This is the evidence of our ex officio investigation. On July 9, 2009, upon the application of Plaintiff Zhang, our hospital entrusted Wuhan Labor Ability Appraisal Committee to appraise the degree of industrial injury and disability of Plaintiff, and now we read out the notice of appraisal conclusion: appraiser's name: Zhang, gender: male, age: 25 years old. ID number: 420117198411107572 home address: 65438+ approved the application, and the diagnosis opinion put forward by the municipal labor ability appraisal expert group after your disability appraisal. According to the National Standard for Occupational Injury and Disability Grades of Employees in Labor Ability Appraisal (GB/T 16 180-2006), the level of industrial injury (occupational disease) and disability of the appraiser is Grade III upon examination by our committee. If you are dissatisfied with this appraisal conclusion, you can apply again to the Labor Appraisal Committee of this province within 15 days after receiving the notice of this appraisal conclusion. Wuhan Labor Ability Appraisal Committee July 9, 2009. Ask the bailiff to give the evidence to the plaintiff and the defendant.
Presiding Judge: Does the plaintiff have any objection to this evidence?
Agent ad litem of the plaintiff: No.
Presiding Judge: Does the defendant have any objection to this evidence?
Agent ad litem of the defendant: No.
Presiding Judge: After cross-examination, the court confirmed the following evidence: three sets of evidence presented by the plaintiff and evidence presented by the defendant: 1 and 2. Does the defendant have anything to add to the facts?
Agent ad litem of the plaintiff: No.
Agent ad litem of the defendant: No.
Presiding Judge: After investigation by our hospital, we confirmed the following facts: On February 6th, 2009, Wuhan Sanxing Textile Co., Ltd. hired Zhang to work in the flower washing workshop, verbally agreed on the monthly salary of 1 100 yuan, and did not apply for work-related injury insurance. On March 3, 2009, at about 3: 00/KLOC-0, Zhang was working in the Tsinghua workshop of Wuhan Samsung Textile Co., Ltd., and his left arm was unfortunately broken by a machine. Zhang was immediately sent to Wuhan Pu 'ai Hospital for treatment. He was hospitalized for 2 1 day and was discharged on March 24th, 2009. The discharge diagnosis was: 1, left upper limb injury. 2. Left neck soft tissue contusion. The hospital suggested continuing symptomatic treatment and wearing artificial limbs. According to the national standard "Occupational Injury Disability Grade of Workers Appraised by Labor Ability" (GB/T 16 180-2006), the disability grade of the appraised person is Grade III. The diagnosis of Zhang in "Appraisal Opinion of Handicapped Aids Assembly" shows that Zhang can be equipped with a three-degree-of-freedom upper arm induction hand (five-finger grasping) prosthesis which is widely used in China. After Zhang was taken to the hospital, Wuhan Sanxing Textile Co., Ltd. paid his medical expenses and paid Zhang three months' salary according to the standard of 800 yuan every month. The court investigation stage is over, and now we will enter the court debate stage. According to the complaint, defense and relevant evidence materials submitted by both parties to the court, based on the determination of the facts, the court believes that the focus of the dispute in this case is:
1. Whether the labor relationship between the plaintiff and the defendant should be maintained and whether the industrial injury insurance benefits should be paid.
2, whether the defendant should compensate the plaintiff for the amount of economic losses and the specific content of compensation.
Does the original defendant have any objection to the focus of the dispute summarized by our court?
Agent ad litem of the plaintiff: No.
Agent ad litem of the defendant: No.
3. Presiding Judge: According to Article 127 of the Civil Procedure Law of People's Republic of China (PRC), the court debate is now going on. The parties and their agents ad litem shall make a comprehensive speech around the focus of the dispute in this case, combined with the specific circumstances of the court investigation and the applicable laws. In the debate, we should seek truth from facts, respect objective facts within the scope permitted by law, convince people by reasoning, and should not involve issues unrelated to the case and make personal attacks. Opinions should not be repeated, including facts, evidence and cross-examination opinions.
4. Presiding Judge: The plaintiff and the defendant and their agents ad litem will focus on the first dispute, "Whether the labor relationship between the plaintiff and the defendant should be preserved and whether the industrial injury insurance benefits should be paid." Comment on the debate. First, the plaintiff will argue.
Plaintiff: We would like to make the following three arguments:
1. Zhang is a formal employee of Wuhan Sanxing Textile Co., Ltd., which has been explained in the above-mentioned Evidence 1 and Evidence 2, and will not be repeated here. If employees are injured at work, the company should bear the basic needs of their living security.
Second, Article 2 of the Regulations on Work-related Injury Insurance clearly stipulates: "People and enterprises in People's Republic of China (PRC) ... pay work-related injury insurance premiums for all employees or employees of their own units (hereinafter referred to as employees). If some enterprises do not participate in the social pooling of work-related injury insurance, once an employee has a work-related accident, all expenses must be paid by the enterprise in accordance with the relevant provisions of the Regulations. " According to the above analysis, the defendant Wuhan Samsung Textile Co., Ltd. must participate in work-related injury insurance according to the regulations and give employees work-related injury insurance benefits.
Third, according to Article 19 of the Measures for the Implementation of Work-related Injury Insurance in Hubei Province: "If work-related injuries are caused by traffic accidents such as roads, shipping, aviation and railways, or employees are sent abroad to work, or employees' work-related injuries involve other civil damages, they shall request compensation for work-related injuries in accordance with relevant regulations. If the compensation for work-related injuries obtained is lower than the treatment of work-related injury insurance, the agency or unit shall make up the difference according to whether the employer participates in work-related injury insurance. Therefore, the defendant Wuhan Samsung Textile Company should maintain the labor relationship with the plaintiff and pay the industrial injury insurance benefits.
Presiding Judge: Now the defendant and his agent will express their opinions on the debate.
Defendant: We express the following opinions on the arguments put forward by the plaintiff:
1. Zhang has been identified as a third-grade disability and cannot work in the company's workshop like a normal employee. If we continue to maintain labor relations with the company and continue to pay work-related injury insurance benefits, the interests of the company will be harmed.
2. We insist on letting Zhang resign from his job and terminate the labor relationship according to Article 34 of the Implementation Measures for Work-related Injury Insurance, and the company will pay some compensation.
Presiding Judge: Does the defendant have a new defense?
Defendant: No. ..
Presiding Judge: Does the plaintiff have any new arguments?
Plaintiff: No. ..
5. Presiding judge: The original defendant and his agent ad litem debated the second focus of dispute, "Whether the defendant should compensate the plaintiff for the amount of economic losses and the specific content of compensation". First of all, the plaintiff and his agent expressed their opinions on the debate.
Plaintiff: We mainly have the following arguments:
First: According to Evidence 2, Evidence 3 and Evidence 5, it can be proved that the plaintiff suffered serious physical injury and has been identified as a third-degree disability. He was injured while working for the defendant Wuhan Samsung Textile Company, and the company should bear all the treatment expenses, including the cost of preparing artificial limbs.
Second: According to the investigation records of the plaintiff's village committee, the plaintiff's father was in bed with a stroke, and his mother and two sisters were both mentally retarded and belonged to the disabled. Before the accident, the plaintiff's salary was the only source of income for his family, which was very poor. If the plaintiff is disabled on duty and loses his normal working ability, the company shall provide due economic security.
Presiding Judge: Now the defendant and his agent will express their opinions on the debate.
Defendant: We insist that the expenses of the plaintiff's inspection in Wuhan No.1 Hospital are not included in the work-related injury and disability.
Presiding Judge: Does the defendant have a new defense? Needless to say, it is repetition.
Defendant: No. ..
Presiding Judge: Does the plaintiff have any new arguments?
Plaintiff: No. ..
Presiding Judge: Around the focus of the dispute, the two sides conducted a full court debate. There is no new debate between the two sides, and the court debate stage is over. Now the final statements will be made by both parties. In the final statement stage, both parties can simply and clearly express their opinions on the handling of this case and their willingness to insist on litigation claims. First, please ask the plaintiff to make a final statement.
Plaintiff: I had an accident in the company's workshop on February 6, 2009, and my family was heavily in debt to treat me. Although the company prepaid the medical expenses, the cost of preparing artificial limbs was too high for me. After I was discharged from the hospital, the indifference of the company also caused great mental harm to me.
My father is 60 years old and paralyzed in bed after a stroke. My mother and two sisters are both mentally retarded. My family now lives in a three-story building at Wujiatian 146. Low terrain, damp house, disrepair. For the safety of my future family and family. I want to use the calculated work-related injury insurance money to love that house and turn it into a four-bedroom and seven-story building. Rent income should basically guarantee the source of life for the whole family. So this money is related to the survival of my family and my future life. In order to safeguard my legitimate rights and interests, I hope the court will support my claim and make a reasonable judgment.
Defendant: I think it is unreasonable for the plaintiff to demand compensation of 487,056.22 yuan from our company. Such a huge claim is not a small sum for a small company like ours! The plaintiff has an accident at work, and our company has paid the medical expenses in advance. If we continue to provide the required amount of guarantee, the interests of the enterprise will be harmed. Moreover, the plaintiff's accidents at work were partly caused by his operational mistakes. How does the company bear all the consequences?
Presiding Judge: According to Article 128 of the Civil Procedure Law of People's Republic of China (PRC), mediation can be conducted before the judgment. Plaintiff, do you agree to mediation?
Plaintiff:No..
Presiding Judge: Because the plaintiff does not agree to mediation, the court will no longer organize mediation, and the collegial panel needs to adjourn 15 minutes to express its opinions.
Presiding Judge: We are adjourned for deliberation by the collegial panel. After deliberation, the court will continue its session (beating the gavel).
Clerk: All rise, please ask the members of the collegial panel to retire. (Under the collegial panel)
(Fifteen minutes later)
Clerk: When the recess is over, please all stand up and invite the presiding judge and judges to enter the court.
Presiding Judge (after sitting down): Sit down.
Presiding Judge: (Announced after knocking the gavel) Now continue the trial.
After deliberation by the collegial panel, it was considered that Zhang, the plaintiff, had an accident while working in Wuhan Samsung Textile Company, which was recognized as a work-related injury by the labor administrative department. The plaintiff should enjoy the corresponding treatment of industrial injury insurance. If the employee's disability is identified as Grade I to Grade IV, he/she shall retain his/her labor relations, quit his/her post and enjoy the corresponding treatment of work-related injury insurance. The plaintiff is disabled in the third degree. Therefore, the court did not support the defendant's request to terminate the labor relationship and recalculate the treatment of work-related injury insurance. Because the plaintiff's left upper limb was damaged, due to the needs of life, it was confirmed by the Hubei Provincial Labor Ability Appraisal Committee in Wuhan that it could be equipped with a domestic popular prosthesis. Therefore, our hospital supports the plaintiff to equip the prosthesis popular in China. As the defendant failed to handle industrial injury insurance for the plaintiff, all the above expenses were borne by the respondent. To sum up, according to the provisions of Articles 73 and 33 of the Labor Law of People's Republic of China (PRC) and Article 32 of the Measures for the Implementation of Industrial Injury Insurance in Hubei Province (DecreeNo. 257th of the provincial government), it is hereby pronounced:
Clerk: (All rise)
1. The defendant paid the plaintiff a one-time disability allowance 16000 yuan, hospital food allowance 1050 yuan, labor ability appraisal fee 950 yuan, labor ability inspection fee 228.22 yuan, and transportation fee 550 yuan.
2. When the plaintiff resigned, the defendant paid the plaintiff 640 yuan a monthly disability allowance from June 2009. After deducting various social insurance premiums paid by individuals, the disability allowance shall not be lower than the local minimum wage.
3. From March 2009, the defendant went to the social insurance agency to handle the old-age insurance and medical insurance for the plaintiff, and both parties paid their own fees.
4. The defendant sent people to Hubei Prosthetic Orthopedic Technology Center with the plaintiff to prepare domestic popular prostheses for the plaintiff, and all expenses were paid by the defendant. If the prosthesis needs to be replaced, the relevant expenses will still be paid by the defendant.
5. Reject the plaintiff's other litigation applications.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of opposing parties, pay the acceptance fee of the appeal case, and appeal to the Beijing No.2 Intermediate People's Court.
Presiding judge: xx, and judge: XXX.
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