Controlled at 23 o'clock on April 4, 2017, wu Chaohua of worker worker of Guizhou book peasant is happy in Fujian governor limited company of spin of city China source is caught carelessly cotton machine catchs serious injury, bring about the whole body to be in fracture more. Via sending medical service rescue is treated after, left hospital on July 25 at of the same age.
In September 2016, the Wu Chaohua that lives in Guizhou Province to install the Huang Guo that arrange city to cultivate travel area white water to press down hole edge village grows limited company of spin of happy city China source to work to the Fujian Province from Guizhou, type of work is 5 before spin comb cotton spinner. Wu Chaohua says, after going to work, this company and he signed " labor contract " , this labor contract has only merely, just be withheld by the company however, oneself are done not have. "Labor contract " after signing, the company also just did not concern a regulation to buy concerned insurance for him according to the country.
Wu Chaohua says, he basically is in charge of combing cotton works, every monthly wages is controlled 5000 yuan, highest a month has gotten 5300 yuan, but this month works 12 hours everyday almost.
Have an accident that day, the middle shift on Wu Chaohua, working hours is arrived partly at 15 o'clock in the evening at 24 o'clock. Controlled at 23 o'clock that evening, wu Chaohua completes the work with him dry place, decline carelessly in the road that heads for workshop toilet clear beautiful disc, claw of machine of the cotton that be caught.
Classics hospital is diagnosed, wu Chaohua sends a gender to injure more all over, occipital, bilateral parietal bone, bilateral bend of bone of frontal bone, right mandible, right cheekbone, on the right side of bone of the sidewall outside orbit, left bazoo sends fracture more, shadow of local fragment seeing spirit, ministry disjunction is carried a bit amlposition, on the right side of the defect inside end of fracture of the sidewall outside orbit, on the right side of vicinity eyeball press press.
Via the Fujian Province appraisal of committee of labor ability appraisal is 6 class to disable.
During be in hospital, the Fujian Province grew limited company of spin of happy city China source to pay more than yuan 20 medical treatment fee for its. After leaving hospital, this company gives 5000 yuan of travelling expenses, wu Chaohua returns recuperate of Guizhou native place.
Wu Chaohua says, last year on October 18, he finds limited company of spin of China source of long happy city again, the requirement is dealt with to the hospital continue the 2nd times matters concerned of operation be in hospital, the company does not grant unexpectedly pay attention to, reject cost of pay one's way, medical treatment to wait. Because Wu Chaohua economy is difficult, 2 imperative operations still are awaiting in.
On October 31, 2017, wu Chaohua grows resource of happy area manpower and inductrial injury of application of social security bureau to maintain to the Fuzhou City. On November 15, the Fuzhou City grew resource of happy area manpower and social security bureau to accept Wu Chaohua's inductrial injury to maintain application.
On January 12, 2018, resource of manpower of Fuzhou mayor happy area and social security bureau are made maintain, the accident harm that cognizance Wu Chaohua gets is accorded with " byelaw of inductrial injury insurance " the 14th (one) " inside working hours and yard place, be harmed because of working reason by the accident " regulation, make lawfully " cognizance inductrial injury decides a book " (< of danger of injury of company of banyan boat person definitely > word [2017]413 date) , give accident of cognizance Wu Chaohua is inductrial injury. Maintain a result to this, the Fujian Province grows limited company of spin of happy city China source to refuse to obey, think this second accident responsibility is in completely Wu Chaohua, should not maintain for inductrial injury, government of people of happy to Fuzhou mayor division puts forward administration to reconsider.
The Fuzhou City grows government of happy division people to accept this to administration reconsiders application and find out: Limited company of spin of China source of Fujian governor happy city and labor of existence of Wu Chaohua of the 3rd person concern, the fact that Wu Chaohua is harmed in working hours because of working reason by the accident exists, and the fact that inductrial injury holds authentic of clear, evidence is sufficient, applicable law correct, process is legal. Basis " administration of People's Republic of China reconsiders a law " the 28th the first the first regulation, government of people of Fuzhou mayor happy division with " administration reconsiders decision book " (grow politics travel answer decide [2018]3 date) maintain the Fuzhou City to grow resource of happy area manpower and social security bureau to make " cognizance inductrial injury decides a book " (banyan.
Afore-mentioned administration that government of people of happy to Fuzhou mayor division makes lawfully reconsider a decision, limited company of Hua Yuan spin of long happy city refuses to obey again, on March 21, 2018, to advance of the Fuzhou City court of the people that bring a district mentions lawsuit of politics of start on a journey, those who request forensic cancel the Fuzhou City to grow resource of happy area manpower and social security bureau to make " cognizance inductrial injury decides a book " (company of banyan boat person hurts danger < decide > word [2017]413 date) government of people of as happy as Fuzhou mayor division is made. It is reported, on July 20, court of people of division of Jin An of the Fuzhou City is sessional already hear this case.
Current, guizhou labour union already established dimension authority group, entrust a lawyer to undertake to this case lawfully thought fors the time being, get back Wu Chaohua to deserved compensation.
With respect to this matter, the Fujian Province that the reporter dials Wu Chaohua to offer for many times grows limited company of spin of happy city China source about handling this matter why to surname chief phone, but the other side rejects to receive listen.
Gentleman of Guizhou Province feeling Zhou Mingxing of attorney office solicitor thinks: Wu Chaohua is fastened in working hours to get hurt, basis " byelaw of insurance of inductrial injury of People's Republic of China " the 14th regulation, the laborer of this case is belonged to maintain the status that is inductrial injury lawfully. And basis " law of insurance of society of People's Republic of China " thirtieth seven regulations, intended crime, drunk wine, drug taking perhaps commits suicide wait for legal status to just do not belong to inductrial injury. Wu Chaohua applies for inductrial injury to maintain lawfully, local inductrial injury maintains an orgnaization to maintain its to be inductrial injury lawfully, people government is reconsidered lawfully, make book of the decision that reconsider, maintain inductrial injury to maintain conclusion. From this case existing evidence looks, inductrial injury maintains a decision to accord with afore-mentioned legal standards and program, the fact is clear, evidential authentic. Industry net will continue to pay close attention to this matter progress in. (Li Feng of Jian Jiao's reporter)
