Core clew
Late on March 27 11 when make, after the Xiaoyang that in rosefinch ave some supermarket works comes off work, go on invitation store of shop of barbecue inn and manager, door is long wait for 5 people of work in the same placing to meet, after wine crosses 3 make one's rounds, inn grows to come home on foot, manager Xing Mou drives send the others 3 people come home, near road of north of transient and cool and refreshing temple when keep apart establishment barge against with roadside, xiaoyang leg ministry is in fracture more, xing Mou and another colleague serious injury are insensible, the proper motion after another colleague accident leaves. Up to on April 3, small Yang Jiaren raises money 90 thousand multivariate remedial charge already spent light, the high specified number after facing treats cost, can find no way out of small Yang Jiaren, and they also do not know this inductrial injury can apply for to come down.
Lawyer of give a lecture
■ Zhu Changjiang of partner of office of attorney of Shaanxi abundant luck's lawyer
■ Shaanxi keeps group of attorney office Song Wei's lawyers
■ become attorney office Cheng Zhao's lawyer greatly
Incident course
After working overtime, drink with the colleague eat barbecue to come home by leader car gave traffic accident
Xiaoyang lives in Yang Jiacun of area of tower of Xi'an city wild goose, in rosefinch ave one supermarket holds the position of manager assistant, late on March 27 11 when make, check of class of small Yang Jia is over card is hit to come off work after goods, bring village north district to violet eparch on invitation inn of a barbecue, with manager, inn long etc colleague meets. Xiaoyang says: "The beer that 5 people drink at that time, before I go, 4 their people had been drunk a little while. Before I go, 4 their people had been drunk a little while..
Before dawn 3 when make, the party ends, leave home closer inn grows to leave on foot, manager Xing Mou drives send the others 3 people come home. When should going to rosefinch ave and mouth of cross of road of north of cool and refreshing temple, keep apart establishment barge against with roadside.
"My son leg got hurt, other 2 people still are in now the ICU, additional 1 person never mind thing, produced postaccident proper motion to leave. " yesterday, mr Li says Xiaoyang's father, accident time was on March 28 before dawn 3 when make, "Person is afraid of the home is afraid after the child has an accident, call to the husband of one's maternal aunt first, his the husband of one's maternal aunt discovers to hospital hind the case is severe, 4 when Xu Cai calls inform us. 4 when Xu Cai calls inform us..
Mr Li says: "I am a disabled, wife month income 3000 yuan two, there still are two old people to need support in the home, young daughter of 5 years old has a fever these days. " Mr Li says, there is the saving in the home, after the child has an accident, spent 90 thousand multivariate, borrow to kin friend, handed in a paragraph to already gave out beforehand, still owe a hospital 3000 multivariate. "The doctor says follow-up operation, rehabilitation treats charge to may want many yuan 30. "The doctor says follow-up operation, rehabilitation treats charge to may want many yuan 30..
"The son has a year in supermarket job, the supermarket did not sign labor contract with the son, also did not pay insurance. " Mr Li says, go to this supermarket looking for relevant controller, but the other side says the likelihood does not calculate inductrial injury. On April 2 afternoon, manager of branch of this supermarket human affairs has come, say to be able to report application up, but so specific that traffic accident maintains a book to come out to just can be decided.
The supermarket says to will hurt employee to declare inductrial injury insurance and commercial risk to suffer
Yesterday morning 10 when make, lie in Xi'an city the Xiaoyang on hospital bed of red meeting hospital, just finished operation consciousness some are not quite clear. Red meeting hospital diagnoses certificate to show, small Yang Zun is fracture of sex of tibial platform fracture, left enough much hair, left femur does fracture.
The hematic alcohol that issues according to center of appraisal of judicatory of traffic of Xi'an city public security examines summary of report details of a case shows, xing Mou drives the car is in 100 meters south rosefinch ave and mouth of cross of road of north of cool and refreshing temple by north when Xiang Na driveway, keep apart establishment barge against with roadside, xiaoyang of the passenger inside Xing Mou and car, Jian Mou some gets hurt. Via detecting mellow chroma of Xing Mou blood is 197.50mg/100ml, belong to drunk wine to drive.
The reporter tries to contact the Zhang Mou that gets hurt to leave gentlier by oneself at that time, but its phone cannot put through all the time. Later, the reporter dialed Xing Mou telephone, his friend says, at present medical expenses is cost 90 thousand multivariate, the person is in as before insensible in the center.
Yesterday afternoon 6 when make, chief says related this supermarket, they understand, at that time a few employee are after coming off work, meet under the counter, the driver when producing an accident is drunk drive. After accident happening, the company cooperates policeman branch actively to launch investigation to incident, established lash-up to treat a group, the person that be opposite undertakes visitation for many times, pacify staff family member.
This chief says, they had prepared relevant data, declare inductrial injury insurance and commercial risk for employee. "Declaring want a program, the policeman field accident such as need maintains a book to come down. The policeman field accident such as need maintains a book to come down..
Did not sign labor contract to reach to the family member not the view with safe pay, this chief says, small Yang Shu sends employee at tripartite, labor contract should be signed with company of tripartite service, and belong to abandon paying insurance of one's own accord, also did not provide insurance Zhang number to them.
Lawyer argument
If did not sign labor contract to be able to be complained
Maintain it is relatively difficult to be inductrial injury
Zhu Changjiang's lawyer says partner of office of attorney of Shaanxi abundant luck, xiaoyang's circumstance is maintained compare for inductrial injury far-fetched.
Press legal provision, it is commonly inside working hours and place, it is inductrial injury because of working to ought to be maintained what the reason is harmed by the accident. In addition, in commute traffic accident produces in road, party is lost when be not main responsibility, ability is maintained form inductrial injury. Party and leader have a meal, try in the leader drive to did not persuade to still travel together with its after wine, belong to in putting oneself in dangerous place, the harm that oneself suffer to its also should have due responsibility as a result.
Zhu Changjiang's lawyer says, labor contract law sets, inside a month after laborer and labor of generation of the unit that use worker worker concern, ought to sign labor contract, deal with provide for the aged, medical treatment, unemployment 3 danger. If unit of choose and employ persons did not press relevant provision to deal with, party is OK to labor censorial group complains report, let service instruct unit of choose and employ persons to undertake amendatory.
Shaanxi protects group of attorney office Song Wei's lawyers to say, the cognizance of inductrial injury is more complex, should accord with generally speaking inside working hours and place, because work,the reason just was maintained this at 3 o'clock. Law returns a regulation to have special case, be in for instance commute traffic accident produces in road, or it is labor the disease is broken out inside time, 48 hours do not have rescue to come over to wait.
Party can apply for inductrial injury to maintain, but the possibility with cognizance successful inductrial injury is less. If inductrial injury maintains failure, this company also should assume the relevant responsibility that labor law fixes. If maintain inductrial injury success, and unit of choose and employ persons did not make social security, unit of choose and employ persons should have corresponding compensation.
Song Wei's lawyer says, because involve wine to drive, cause trouble driver also should assume responsibility.
If belong to a group to build a likelihood,be maintained inductrial injury
Mobile organizer should bear legal responsibility
Say into Cheng Zhao of attorney office solicitor greatly, if be common,entertain guests between the friend have a meal, next time are maintained very hard for inductrial injury. But if belong to company group to establish an activity, be maintained likely to be inductrial injury. Build about meeting to whether belong to a group commonly, the court can reach a goal according to the theme of party activity, bee place is apart from far and near of unit of choose and employ persons, reach party room to with unit of choose and employ persons whether collaboration considers judgement integratedly to whether establish an activity for the group.
If maintain inductrial injury success, and Xiaoyang did not sign labor contract with unit of choose and employ persons and pay corresponding insurance, walk along program of inductrial injury insurance to compare a trouble. But the loss that this company should cause according to paying insurance, compensate for corresponding medical expenses. Cheng Zhao's lawyer says, did not sign labor contract, do not represent concern without labor, the court can grant according to system of check on work attendance, salary commonly, post duty will judge both sides to whether be put in working relationship.
Cheng Zhao says, according to tort liability law, mobile organizer should have safety to guarantee obligation, if party somebody is drunk much, mobile organizer should have found a place for his avoid accident happening, if because meet urge sb to drink. or did not find a place for good drunk wine person cause damage, mobile organizer should bear relevant law responsibility. Chen Tuan of photography of Pu Yang of reporter of China business newspaper writtens guarantee
