After awaiting a few months, li Qian of 50 years old (alias) the inductrial injury that took hard-earned eventually holds decision book.
On March 29, 2017 21 when make, li Qian in Hunan Li Chen room of the telephone exchange between industrial Inc. distribution is worth evening shift, unexpectedly, on the footpath that leads to toilet, however conceal is worn a man of conspire against the law.
Although revolt via doing one's utmost, man sex invades abortive, dan Liqian body and mind gets great harm. More accident is, person company bureau does not think this is inductrial injury, reason is: Not be the violent harm that gets because of fulfilling working obligation.
To Li Qian, late on March 29, 2017, be as the night with general nightmare.
She what be worth evening shift encounters on the road that heads for toilet the gender is invaded, although because the other side fears to abandon crime escaping, li Qian however because this is long-term depressed.
Later, the company is Li Qian to apply for inductrial injury to resource of manpower of Hunan the Changsha City and social security bureau, bureau of city person company thinks, this does not calculate inductrial injury. Li Qian chose to submit petition to court of Changsha lotus district.
On March 27, the reporter combs discovery, before this, the the Changsha City is intermediate 2 careful kept people court original judgement of first instance of lotus district court, resource of manpower of cancel the Changsha City and social security bureau make " do not grant to maintain inductrial injury to decide a book " .
Incident: Worker experience is encroached suffer from on should stimulate an obstacle
On March 29, 2017 21 when make 40 minutes, the Hunan Li Chen that Li Qian assumes office in her is industrial room of the telephone exchange between Inc. distribution is on duty. Leave the preparation between distribution to go when toilet when her, encountered the Nie Mou that waiting on footpath however.
The the Changsha City is intermediate book of accessary and civil ruling shows a criminal of people court, on March 29, 2017 21 when make, nie Mou are in company living quarter when watch pornography through the mobile phone piece hind, produce the intent of other of illicit sexual relations. Nie Mou climbs a window to enter the telephone exchange between this company distribution then wait inside the room, before long, nie Mou goes to preparation the Li Qian of toilet is pressed, forcibly tear at its jacket, flap with slipper its are facial, be about to have sex forcibly.
Do his utmost finally in Li Qian revolt struggles and the circumstance of loud call ask for help falls, because Nie Mou fears to be punished to abandon crime, escaped subsequently the spot.
That evening 11 when 35 minutes, li Qian to Changsha county public security bureau fontal pond police station reports a case to the security authorities. Li Qian says, she is after this experience, body and mind gets great destroy. In classics south university Hunan is elegant 2 hospitals diagnose: Touched, pee is incontinent, proposal hospitalization. Final, because Nie Mou makes forcible rape, by the court sentence a set term of imprisonment one year 6 months, compensate for person of accuser of accessary and civil suit cost of Li Qian medical treatment, transportation expenses add up to 14982.06 yuan.
The harm that Nie Mou leaves Li Qian is done not have however " stop " . In Li Qian classics south university Hunan is elegant 2 hospitals diagnose for: Should stimulate relevant obstacle. In addition, center of appraisal of judicatory of Hunan Province lotus made appraisal opinion be on November 9, 2017: "By appraiser of Li Qian diagnose to get used to an obstacle - long-term depressed sex reaction. This ill happening and the enroach on event that produced on March 29, 2017 (by the rape, abortive) existence is causal " .
Focus: Toilet goes up to calculate in the job do not calculate walk on duty
On May 10, 2017, beautiful official company refers the inductrial injury that kills about Li Qian gets hurt to maintain application to bureau of company of person of the Changsha City. After bureau of company of person of the Changsha City is accepted, made on June 15, 2017 " do not grant to maintain inductrial injury to decide a book " , think Li Qian suffers other sex to invade in working hours, yard place, not be the violent harm that gets because of fulfilling working obligation, the decision does not give maintain or inspect with inductrial injury. Li Qian refuses to obey, appeal to to lotus district court.
When front courtyard careful, argue of bureau of company of person of the Changsha City says, nie Mou and Li Qian do not have be mixed on the job, the choice that the gender approachs criminality and guilty target is random, did not have aforethought crime because of working contradiction generation, because of this Nie the sex of some pair of Li Qian is invaded behavior and " byelaw of inductrial injury insurance " in of the requirement " because fulfil working obligation " bring about harm nonrelevant, it is the incident of parallel happening, nonexistent causal, do not belong to " because fulfil working obligation " .
Analysis of first instance of lotus district court thinks, laborer is in routine " on toilet " it is its are necessary, reasonable physiology demand, the regular job with laborer is inseparable.
In this case, li Qian suffers violent sex of Nie Mou to invade on the footpath that toilet goes to when working hours is on duty, its suffer the place of enroach on to belong to the reasonable territory that fulfils working obligation, can maintain be those who fulfil working obligation is outspread, the rational behavior that executes because of fulfilling working obligation is brought about get hurt ought to belong to " because fulfil working obligation,be harmed by the accident such as force " category.
Li Qian is on duty time is night, the place that be on duty is room of the telephone exchange between distribution, company security measure does not reach the designated position, for Nie Mou executive sex is invaded offerred a condition, the place that Nie Mou carries out a gender to invade behavior, object fastens random selection, the specification is not cause because of individual kind and enmity. Nie Mou chooses to carry out a gender to invade the random sex of criminality to Li Qian, fulfill with Li Qian be on duty the element such as the time of working duty, place is inseparable, make the random sex change on the choice is determinism, that is to say, the time that Li Qian invades behavior happening in the gender, place was not fulfilled be on duty working duty, li Qian is invaded behavior harm to won't happen by the gender.
The court is found out, via appraisal of center of appraisal of judicatory of Hunan Province lotus, li Qian's disease and the sex that happened on March 29, 2017 approach incident existence is causal. Because Li Qian department fulfils working obligation, relieve oneself appears after be invaded violent harm by the gender incontinent, bilateral Nie leaf spends a series of symptoms such as blemish of function of atrophic, society gently, be by appraisal " get used to an obstacle - long-term depressed sex reacts " , what enough maintains Li Qian is healthy be damaged, its labor ability has fixed rate lose, had accorded with the element of cognizance inductrial injury.
Think on put together, bureau of company of person of the Changsha City makes do not grant to hold inductrial injury decision, applicable law, code is wrong. Person company bureau makes cancel the Changsha City " do not grant to maintain inductrial injury to decide a book " , bureau of company of person of the Changsha City is in after adjudicative become effective inside 60 days, the inductrial injury that suffers harm about Li Qian to some company maintains application, make inductrial injury hold a decision afresh.
Controversy: Harm and job are had direct causal
However, this matter did not end to here.
Bureau of company of person of the Changsha City refuses to obey court decision, mention to Changsha quadrangle appeal, request cancel first trial to adjudicate. Bureau of city person company puts forward, " byelaw of inductrial injury insurance " relevant provision gets clearly the accident harm such as force and perform the work have between duty causal when, ability is maintained for inductrial injury. And set according to relevant document, connection of this cause and effect should be connection of direct cause and effect.
"Object of choice enroach on stems from Nie Mou completely accidental, have random sex, the working duty content that fulfills distribution room to be on duty with Li Qian and means are not had direct causal. The site that Nie Mou selects to carry out enroach on and time are random, li Qian's working hours, workplace and suffer violent enroach on to not have direct causal. Li Qian's working hours, workplace and suffer violent enroach on to not have direct causal..
Bureau of city person company thinks, first trial court thinks " the time that Li Qian invades behavior happening in the gender, place did not fulfil working obligation, the gender invades behavior to won't happen " , this kind of judgement was violated " byelaw of inductrial injury insurance " in about maintaining inductrial injury the requirement of legal status, enlarged suitable scope overly also. Measure of security of unit of choose and employ persons does not reach the designated position, put in fault, make violent enroach on takes advantage, can not become Li Qian to perform the work duty and suffer force presence is direct between enroach on causal achievement sex condition.
"In real life, if emphasize working duty and rough stuff overly,exist causal, lose the person protection during working to broad laborer necessarily. " Li Qian says, because working reason just is invaded by the gender,she is, if its were not on duty between distribution during this, can spare violent harm. She fulfils on purpose working duty and be existed between violent harm causal.
Changsha quadrangle cognizance thinks, li Qian is inside working hours and working place, because fulfill working duty to be harmed by force, accord with " byelaw of inductrial injury insurance " inductrial injury case of the regulation. Bureau of company of person of the Changsha City thinks " the accident harm such as the force that get " with " fulfil working obligation " between must have direct causal, without legal basis, and with " byelaw of inductrial injury insurance " the legislative spirit appearance of legitimate rights and interests violates worker of safeguard inductrial injury, the violent enroach on that its view laborer suffers reason and fulfill working duty to do not have direct causal should be not maintained namely a:appellant reason of inductrial injury, the court does not grant to support, reason rejects appeal, maintain original judgement.
View: Mental harm also belongs to inductrial injury
The controversy focus of this case is: 1. Li Qian suffers a gender to invade behavior harm to whether be accorded with " byelaw of inductrial injury insurance " the 14th of the 3rd regulation " because fulfil working obligation " ; 2. Whether does the mental harm that Li Qian suffers a gender to invade behavior place to arise belong to limits of inductrial injury insurance as a result.
Whether does the mental harm that suffers a gender to invade behavior place to arise about Li Qian attribute the problem of limits of inductrial injury insurance as a result. " byelaw of inductrial injury insurance " the first regulation, the worker that be harmed to because the job suffers an accident,be ensured or contracts occupational disease wins medical treatment cure and economic compensation, precaution of stimulative inductrial injury and profession recover, the inductrial injury risk of unit of dispersive choose and employ persons, enact this ordinance.
" byelaw of inductrial injury insurance " legislative purpose depends on ensuring a worker to acquire medical treatment cure and economic compensatory right. The worker is harmed by accident harm, violent sex harm or accident sex, the harm that its produce may be limbs organ as a result traumatic sex result, also may be result of mental harm sex, " byelaw of inductrial injury insurance " traumatic sex harms the limbs organ that is confined to force to bring about to harming result type to did not make clear a regulation, and " inductrial injury of worker of labor ability appraisal and occupational disease cause incomplete order and degree " class divides in include mental headings in an account book, the violent harm behavior that ought to think to want harm to get with its as a result only is had causal, accord with the element of cognizance inductrial injury namely.
In this case, via appraisal of center of appraisal of judicatory of Hunan Province lotus, li Qian arises " get used to an obstacle - long-term depressed sex reacts " approach incident with the sex that happened on March 29, 2017 existence is causal, and already by become effective criminal accessary and civil judgment is given affirm. Because Li Qian department fulfils working obligation, relieve oneself appears after be invaded violent harm by the gender incontinent, bilateral Nie leaf spends a series of symptoms such as blemish of function of atrophic, society gently, be by appraisal " get used to an obstacle - long-term depressed sex reacts " , what enough maintains Li Qian is healthy be damaged, its labor ability has fixed rate lose, had accorded with the element of cognizance inductrial injury, the harm result that gets as to Li Qian is concrete belong to ill level of damage of a few class to ought to be undertaken cognizance by committee of labor ability appraisal.
The place on put together is narrated, union considers " byelaw of inductrial injury insurance " the legislative tenet of legitimate rights and interests mixes protective laborer to tilt to laborer basic principle of protection, bureau of company of person of the Changsha City makes do not grant to hold inductrial injury decision, applicable law, code is wrong. Li Qian appeals to weigh reason to hold water, to its lawsuit requests, give support.
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