Background of the incident
On the morning of June 9, 2012, my father Jiang Pingquan went to Huaguo Metal in Xinyu City Structure Co., Ltd. clocked in on time (punch time 7:45). At 9:30, the factory notified the family that the father had a head injury and was sent to Xinyu Second People's Hospital. At 1:30, he was sent to Xinyu First People's Hospital and was rescued by the hospital. Invalid death. He was sent to Xinyu First People's Hospital at 1:30 noon, and died on the evening of June 22 after the hospital's all-out efforts to rescue him failed. The hospital diagnosed the cause of death as brain herniation due to external force injury. On June 26, Huagu Steel Factory issued so-called "evidence" to the Xinyu City Yushui District Labor Bureau. On June 27, the Xinyu City Yushui District Labor Bureau issued a certificate to the deceased. --Non-work injury decision letter.
The determination lacks factual basis. The non-work-related injury determination decision does not contain the evidence of any party, the conditions and circumstances of the injury, the facts and reasons for the applicant’s application for work-related injury determination, and the disapproval of the determination. The factual basis of work-related injuries, laws and regulations, etc. are just a piece of white paper with a stamp of approval. Violated the procedures and did not collect the materials and hand them over to me for questioning. I did not receive the materials from the manufacturer until 2 pm on the 26th. On the morning of the 27th, I made a determination based on the manufacturer's materials and issued a determination of non-work injury
We asked Xinyu City. Xinyu City Labor Bureau
1. Why hasn’t the Yushui District Labor Bureau urged Huaguo Steel Structure Factory to pay the medical expenses of the deceased Jiang Pingquan?
Since Xinyu Huaguo Steel Structure Factory did not purchase social insurance for Jiang Pingquan in accordance with the provisions of the labor law (90% of the employees of the unit did not purchase social insurance), most of the medical expenses of about 200,000 were advanced by the family of the deceased. Xinyu City Huaguo Steel Structure Factory only pays out 5W. If you purchase social security, medical expenses will be reimbursed regardless of whether you are injured or not. The employer did not sign any labor contract with my father, nor did it purchase social insurance or work-related injury insurance. According to the labor law, employers must participate in social insurance and pay social insurance premiums in accordance with the law. Workers are entitled to social insurance benefits when they are sick. Why are you questioning the Xinyu City Labor Bureau and why you don’t urge the factory to pay medical rescue fees? Because of arrears in medical and rescue fees, the deceased is still lying in a cold coffin. The deceased is still in the ice coffin and cannot be buried. It’s a human life. I asked the Xinyu City Labor Bureau, why didn’t they urge the factory to pay the medical expenses? Even after being questioned by the provincial leaders, you still didn't urge them. Why didn't you urge the factory to pay some medical expenses?
2. So far, most employees of Xinyu Huaguo Steel Plant have not purchased social insurance. Why doesn’t the Xinyu City Labor Bureau urge companies to purchase social insurance for their employees?
Most employees of Xinyu Huaguo Steel Plant have not purchased social insurance so far. Why doesn’t the Xinyu City Labor Bureau urge companies to purchase social insurance for their employees? My father, Jiang Pingquan, has been deemed a non-work-related injury. Because the company did not purchase social insurance, hundreds of thousands of medical expenses were paid by his family. Why doesn’t the Xinyu City Labor Bureau urge companies to purchase social insurance for their employees? Don’t we use administrative means to help companies purchase social insurance for their employees? Companies that don’t buy social security won’t listen.
Third, what about the employer? Under the protection of this piece of paper, we were asked to return the previous 50,000 yuan in medical expenses. Of the 50,000 yuan, 30,000 yuan was used by the factory to send my father to the hospital for rescue. It was paid by all employees of the factory and should be reimbursed by their company. The other 20,000 yuan was reluctantly given by the city government. In order to save my father, our family spent more than 100,000 yuan on medical expenses and tens of thousands to nearly 200,000 yuan on other expenses. The employer did not sign any labor contract with my father, nor did it purchase social insurance or work-related injury insurance. According to the labor law, employers must participate in social insurance and pay social insurance premiums in accordance with the law. Workers are entitled to social insurance benefits when they are sick. If the employer does not purchase social insurance, the employer shall bear corresponding responsibilities. Why should we return medical expenses to them?
4. After the decision was made not to recognize the work-related injury, the boss of the employer, Song Huaguo, asked our family members to pay back the money in person. If we didn’t pay back the money, we wouldn’t be able to leave.
At that time, Section Chief Zhou of the Work Injury Department of the People's Insurance Bureau was also present. I asked him face to face, should the company pay for the workers' medical expenses? He smiled and said that companies should buy medical insurance for their employees. I don’t know about other things. These are the words of a labor sector professional. He knew clearly that the company was in arrears with my father's medical expenses, but did nothing. The power given to the department by the state was sometimes abused, and sometimes used inappropriately.
In fact, the failure to purchase social insurance for my father may be the fundamental reason why the employer refused to handle my father’s work-related injury.
The relevant departments also ignored the fact that most employees of Xinyu Huaguo Metal Structure Company, where my father worked, did not enjoy the company’s social insurance benefits. Most of the company’s employees were required to pay deposits and their wages were owed for one month. .
What’s even more terrible is that my father’s life was risked by Song Huaguo, the sinister boss of the Yushui District People’s Insurance Bureau.
The Tiangong Road Police Station in Yushui District, Xinyu City did not issue it
Because my father suffered a trauma and fractured the occipital bone on the right back of his head, I reported it to the police on June 14. Two days later, the police station Director Li Xiao called and said that the case would not be filed, which basically ruled out a criminal case. However, it was not found out when and for what reason my father was injured, and no written material was issued stating that the case would not be filed. During working hours and at the working place, my father’s work-related injury is not considered a work-related injury or a criminal case, so what should I do?