[blogger press: today is the international day of injury. We want to write some words to mark this special day. But the thinking, feeling an outsider feeling or pointing a distance, anti let injuries were his records or about to see the problem. Wang Fengping has more than once I mentioned in the blog, this time she gave the court basically uses reference activist readme form this blog, as my "occupation patient rights record" series five, as I dedicated to international industrial injury, this special day. Today, I saw the micro-blog as far away as Beijing equally bad injuries that encounter, the Beijing Zi Ling focus on my blog for some time, I always thought that she and I are the same, is a legal person or attention to labor rights people, but now that I was wrong. Her special experience tells me again, the current industrial injury insurance mode, especially the work-related injury certification program, there are serious defects, although the industrial injury insurance system has also been improved. Imperfect system produces not benefit should not have to bear the injury patients. Zi Ling's experience, it is at least should and can immediately change, that is for industrial injury patients with favourable work-related injury confirmation once made, inductrial injury treatment on the corresponding instant cash, but not be affected subsequent relief program. The injured workers timely, adequate protection, any time should be made for the purpose of the industrial injury insurance system, in the international workers day perfect, let us wish system achieve faster. Naturally, more important is to reduce the incidence of injury. After all, life and health once suffered damage, which is unable to reply. ]

 

Wang Fengping: wait, accommodation, Jedi counterattack is

 

"Strictly" said, Wang Fengping is not occupation patient. Defined in accordance with the relevant laws of the occupation disease, Wang Fengping never got over the mainland effective a occupation disease diagnosis certificate, therefore, she is not "occupation patient legal".

But Wang Fengping really is an occupation of patients, but it is no exaggeration to say, she is a has been regarded as hopeless. occupation of patients, renal failure, renal atrophy, its detoxification function weak, tomorrow geometry, she never thought.

But is such a suffering severe devastation of occupation occupation poisoning patients, and is the mainland and Hong Kong and Taiwan by many authorities for the diagnosis of occupation disease patients, has not yet made diagnosis of occupation disease diagnosis mechanism of local certificate.

She is an "illegal" but the fact that the uplink will fall victim of occupation disease.

From the2004For the first time was found to exceed the standard of urinary cadmium, still ongoing, non occupation occupation disease harm civil compensation lawsuit, nearly ten years later. In ten years, Wang Fengping from the original wait-and-see, perhaps, to later on, patience, finally forced to go further down, to adults, this is by a bystander to avoid to face the torts process, Wang Fengping will not be silent again. She hopes that by adults course, their prompt workers, occupation disease, never occupation patient isolated by tort, occupation disease, reflects the same unit of collective of the occupation safety and health rights are faced with common hazards, and any one occupation disease protection, all cannot do without the help of colleagues, otherwise, ignore the occupation control rights and interests of others, is to ignore the basic safeguard their.

(image mining in this blog are reproduced from the way NetEase blog, the same below)

   1995Years, at the age of33Old Wang Fengping joining Huizhou Chaoba Battery Co Ltd, as a mechanical engineer, working mainly is to repair and improve battery production equipment.

Prior to this, Wang Fengping is the eldest of his parents, by preference, and academic progress, rarely do housework at home. According to her own account, home there is a unwritten rule, children who study the aspirant, can do less housework, whereas hard. Remember so far, Wang Fengping still can't help a joke, said little younger sibling is very jealous of her special treatment.

Wang Fengping had graduated from high school and participate in the work, and then in the TV university education, the professional machinery, has been a local collective work of all motor factory, ordinarily the Polytechnic, engage in logical thinking of science and technology is relatively strong, the future Wang Fengping to engage in a lawsuit to oneself, the Polytechnic background did help her lot.

But Wang Fengping was born is not sensitive to the digital, in her first sued the Huizhou super company, the judge asked her the check request projects on their own, she even didn't figure out why, and the first time in court she was exceptionally tight, in the eyes of the judges look very sacred, courtroom speech not a word.

Recall the past, Wang Fengping could not help smiling, laughing his timid and overcautious, laughing his naive. Such self mockery, showing Wang Fengping today already detached from the past that some indulge in self-admiration, from workers' collective (although the long-term and workers work together) foundation, but fully adapted to the social injustice, no longer easily and extreme or abandonment.

Prior to this, Wang Fengping also had the opportunity to enter government departments. But the nine to five life, have nothing to do but she wishes, after weighing, she chose self occupation.

In a company, Wang Fengping feel just like a fish in water. Her professional skills in the company into full play. With excellent professional knowledge, and diligent spirit, her work has received senior sure, and many times by the company and the Hongkong headquarters awarded as excellent staff. Be sure in turn makes her more dedication to work. In order to improve the work efficiency, every equipment repair or update, Wang Fengping will stay in the production line workers, and an operation, debugging, need to also drill into internal observation equipment. Moreover, this work does is nine years, but the daily attendance in more than nine hours.

At that time, including Wang Fengping, super employees do not understand the chemical characteristics of the contact in their daily work in what some of what kind of battery materials. The company has never had taught them occupation hazards, occupation protection facilities also provide no decent work, is integrally and completely closed, production workshop and office for central air conditioning uniform, work clothes no one to replace, dining is also wearing clothes with CD powder. Usually in the workshop work overtime meals. Contrast from the salary, what is a good local enterprises. Although earlier, has occasionally made a woman gave birth to children, black kids like cartilage, individual young workers even for unknown reasons died from kidney disease, but even so, still few people pay attention to sleep in the cadmium oxide dust killer around them. It is the headquarters from Hongkong to super company, through one is called attention to humanistic concern enterprise culture.

   All of this surface detail and, in2004Years is a massive cadmium poisoning incident broke the startled day. Early in the2003Years, two employees to go to the hospital for blood cadmium (Guangdong Province first Zhi Fang Yuan only know the blood cadmium) inspection, found to exceed the standard, triggered a chain reaction.2004Years, in the organization of medical examination, once found more than 400 people cadmium exceed the standard. Panic over, workers take collective action, require the company to complete the rectification, and commitment to responsible for their health and in the end. Facing the company's excuse and cover, the workers are organized, wave after wave of petition to the region, City Hall. But in these collective rights of action early, Wang Fengping always keep out of the affair, she never thought of cadmium from her the same terms, even already hidden in the body. Although as early as before very long period of time, Wang Fengping also feel health has declined.

Soon,2004Years9Month,10In August, Wang Fengping in routine examinations were also found in the urine cadmium exceed the standard. Even so, Wang Fengping still didn't take things too seriously. At that time, her salary reached two or three times the ordinary workers, and2005At the end of the year, the company also and she signed a non fixed term labor contract. Therefore, when workers' collective action like a raging fire, the workers have come to the series when her, she is still hesitant to enter.

   With the passage of time, before Wang Fengping gradually feel healthy significantly better, she loves love run jump, has always been a sports enthusiasts, now she even skipping badminton interest is dull.2006The second half of the year, Wang Fengping has been extremely weak, that year12Month23And check out the chronic interstitial nephritis with renal insufficiency. Subsequently, Wang Fengping report to the company of my illness, asked to Guangdong province occupation disease prevention and treatment hospital diagnosis and treatment, by the refusal. She felt the company of her attitude was less enthusiastic, but indifference with.

The development of the disease, and the company's cold, let Wang Fengping have a strong advocacy intention. And this desire, followed by a series of rights is blocked and grow with each passing day. She began to take an active part in cadmium poisoning worker activism.

   2007Years2Month3Day,23Day, Wang Fengping has two times to the present for the occupation disease diagnosis, was rejected and difficulties, even is the personnel manager (blue arrow hit the blue arrow beaten in litigation,2007Years7Month20Day. After the proceedings, the days are more difficult, factory in my office computer and telephone are removed, no work, no and workers to talk, to work only in their own position to sit and sleep in the dormitory, are not allowed to go to other places, general manager surnamed Ding is forced to check my mobile phone etc.). In desperation,5Month28DayWang Fengping to the Huicheng District, the labor dispute arbitration committee for arbitration, request a factory arrangement the occupation disease diagnosis, but the appeal was rejected the verdict. Wang Fengping refuses to accept, to5Month30DayThe prosecution to the Huicheng District People's court, continue to ask a company to arrange the occupation disease diagnosis and pay medical expenses. The Court seems incapable of action, finally Wang Fengping through many visits and myself and representatives of the workers went to Guangdong Province Zhi Fang Yuan find yellow director representations, Guangdong Province Zhi Fang Yuan arrangement2007Years10Month stay in the hospital for observation, the diagnosis of occupation disease cases start, suspend the trial.

   2007Years12Month5DayWang Fengping, for the first time in the province of occupational disease prevention hospital diagnosis, but not for occupation disease diagnosis. Wang Fengping refuses to accept the conclusion for the first diagnosis, identification.2008Years4Month22Day, appraisal conclusion, still is not diagnostic of occupation disease. The same year6Month16Day, Wang Fengping to the Guangdong provincial health department complaint, Zhi Fang Yuan diagnosis of injustice;7Month28DayProvincial Health Office written reply to Wang Fengping;8Month12DayWang Fengping to the state health department, the request to survey the occupation disease diagnosis, failed.

2009Years4Month9DayWang Fengping, occupation disease diagnosis expert conclusion out again, still can not diagnosis of occupation disease.

2009Years7Month13DaySuper plant arrangements, occupation disease diagnosis and pay the relevant fees (Wang Fengping v.2007Huicheng people) at the beginning of the word no.990In case the verdicts, only support occupation business diagnosis appraisal fees1545Yuan; Wang Fengping refuses to accept, to appeal to the Huizhou intermediate people's court, the same year12Month23Day, the Huizhou intermediate people's court in (2009Hui people) method with the word no.1482The final judgment, to maintain the first instance judgment.

2009Years12Month8DayPart of a factory worker, because pay strike, and to block the road in the next day. But the move has not yet and Wang Fengping actually participate in, but only in the blocking action towards the end, as I heard another poisoning workers were police stun and hurried to the scene, in that the workers have been rushed to hospital after she quickly left the scene. But this is at the scene 10 minutes of residence, the factory that Wang Fengping system organizers, to the police accused. Later, Wang Fengping was sentenced to punishment security detention for ten days, but due to health reasons, not the actual detention. That year12Month22Day, a plant to violation of the provisions of security punishment legal grounds, decided to fire Wang Fengping, and without compensation.

   2010Years1Wang Fengping not because of Huizhou City Public Security Bureau Huicheng branch of the public security punishment of detention and prosecution to the Huicheng District People's court, the5Month20Huicheng Court (2010Huicheng method) at the beginning of the word no.12A judgment rejecting appeals. Wang Fengping immediately appeal,2011Years1Month14DayThe Huizhou intermediate people's court in (2010) - China and France to end the word article97On the final judgment revocation of security punishment. A final judgement at that moment, Wang Fengping cried.

   2010Years1Wang Fengping is not because of a factory of illegal dismissal for labor dispute arbitration, was rejected, the same year4Month23Prosecution,2011Years4Month11DayHuicheng District People's court to (2010Huicheng people) at the beginning of the word no.1341The appeal of a trial section support Wang Fengping is illegal compensation, replacement wages etc.. Both sides appeal,2011Years8The Huizhou intermediate people's court in (month2011Method three) benefit people with the word no.86The final decision to support Wang Fengping, up to23.5Million yuan (amount of request for26Million) appeal, the same year10Month27Wang Fengping received the court execution section. A plant may continue to Guangdong Provincial Higher People's court for retrial,2012Years2Month13DayThe provincial high court to (2012Guangdong high Famin) a word article245The court rejected the application for retrial.

2010Due to a factory for the occupation disease health care records rejected Wang Fengping years, brought to the Huicheng District People's court, the same year10Month27The court of first instance to (date2010Huicheng people) at the beginning of the word no.2370Judgement No. ordered deadline to provide super factory Wang Fengping.

2010Years12Month2DayWang Fengping to Huizhou Health Bureau complaints, reflect the Wang Fengping occupation disease super factory provide referral materials are forged and defect. The same year12Month14The bureau a written reply to be explained, Wang Fengping discontent, in12Month17DayAgain, ask the bureau to further explanation, and to the bureau to apply for public information, required to provide super factory occupation health detection and surveillance data, this bureau at2011Years1Month28DayThe written reply, provide copies of related materials, but not with "with the original certified" check the seal.

2011Years1Month9DayWang Fengping, Guangdong Provincial Health Department to apply for public the occupation disease diagnosis and identification of material, the same year1Month28On the Provincial Health Department refused to disclose the written reply.

2011Years12Month2Day, Wang Fengping to Huizhou Health Bureau complaints, reflecting the occupation disease diagnosis materials of super plant to provide the false, the same month14Day, the Bureau confirmation.

2012Years1Month19DayWang Fengping, occupation disease diagnosis problem and the corresponding treatment costs (2009Hui people) method with the word no.1482On the final judgment to the Guangdong Provincial Higher People's court for retrial, the same year8Month20Day, the provincial high court informed the court has accepted, case No. (2012Guangdong high Famin) a word article2586Number, the final retrial ruling upheld.

2012Years3Month20DayWang Fengping, V. super factory payment without pay endowment insurance, medical insurance loss caused by case verdicts, case number (2011Huicheng people) at the beginning of the word no.3749Numbers, Wang Fengping appeal, court of appeal upheld the decision.2013Years4Month19Days from receipt of the executed money2700Multivariate.

2012Years5Month9DayTaiwan work injury victims Association, according to the diagnosis of doctors in Taiwan yellow Baican conclusion, a formal letter to the Taiwan Affairs Office of the State Council, the Ministry of health, Guangdong Provincial Health Department, construction occupation disease diagnosis, please again on Wang Fengping. The same year7Month10Day, Guangdong Provincial Health Office reply to Taiwan work injury victims Association, not to support the occupation disease diagnosis and identification of Wang Fengping again.

Received this reply, Wang Fengping anger extremely anti laugh, Speechless. On the occupation disease diagnosis of obstacles, Wang Fengping had extracted from kidney biopsy idea, but experts warned her, to her present renal atrophy, once cut open, then can only sustain life on dialysis, cannot but not to, is not to do biopsy.

But for the provincial health department to reply, Wang Fengping's plan will continue to apply for public information, the petition, administrative reconsideration and the administrative litigation proceedings channels to safeguard their rights.

 

2012Years8In August, Wang Fengping super factory illegal dismissal wage payment should be loss since dismissal to prosecute the corresponding social security benefits and losses, to the court, the case number (2012Huicheng people) at the beginning of the word no.3048Number, at present this case still is in the first instance.

2012Years12Month, Wang Fengping to a factory environment poison causing their health on the damaged apply for labor arbitration, the arbitration is not accepted, then the prosecution to the court, at present, the personal injury compensation cases are still in the first instance.

......

Flexor calculation, Wang Fengping has so far and super company litigation and arbitration against dozens of times, including the legal rights of her own, including the legal rights of her workmates. Later, Huicheng District People's court staff and judges if you see Wang Fengping, most will be tired and have to be careful. Choose the procedure and was constantly, Wang Fengping has its own opinion, a company is not brag law, the government is not advocating the rights in accordance with the law to do, okay, I this life has been ruined in a company, I will use my life to accompany him to a legal way to go, don't give me a reason, I have to go down. To really can't walk anymore, I follow the example of Zhang Haichao "lung", a "broken renal check CD", with my half life to prove super factory shameless and wicked, and witnessed the occupation disease diagnosis system now is how absurd and unreasonable! (2013/4/27)

 

The rule of Winbond, humanities world.

      Without the support and guidance of belief, legal system more perfect, the more means that the reactionary. Legal belief without humanity, the legal procedure is more delicate, more means decay.

                                                                     --Guan Tieliu lawyer

 

Guangdong a law firm, located in Shenzhen city Longgang District Center Dezheng Road19Numbers (opposite the Longgang District People's court)

The switchboard:0755-28905000    A straight line:0755-28905376   Mobile phone.13715200303  

QQ:434469456     Work email:13715200303 @139.com 

Micro-blog:Http://weibo.com/guantieliu

 

 

Attached: the Beijing Zi Ling Bowen (Http://blog.sina.com.cn/s/blog_74cda9e30101c736.html)

 

A part of the industrial injury16A program has spent seven and a half years

Cumbersome procedures being malicious use of inductrial injury rights become a Hom

-- written in4.28International Workers Day

 

Industrial injury claims after inductrial injury compensation, appraisal of labor capacity, three links, according toTo provide legal aid to my Beijing Yilian Labor Statistics aid and Research Center, will injure claimAll procedures are required to walk again1300Many days, ca.3Years more than half of the time, and I only work-related injuries found a link has been time-consuming7Year and a half, experience16A program: 

1,2005Years10Month to the unit to apply for work-related injury,5Months fail.2006Years3Month24Day directly to the labor department to apply for the,5Month25Labor department first to inductrial injury (three injuries identified two items).

2,2006Years7Month6Identification on labour ability, experts suggested that I apply for administrative reconsideration shall not inductrial injury cognizance application identified as work-related injuries, out of caution, I also solicit the labor department staff opinion.

3First, the administrative reconsideration: unit identified on two also applies for administrative reconsideration, then I was not recognized also apply for administrative reconsideration, the reconsideration decision shall be re recognized labor department.2006Years7Month20Day-2007Years1Month

4,2007Years3Month2Labor department second to inductrial injury (three do not belong to inductrial injury).

5The second time, I apply for administrative reconsideration, the reconsideration decision: the government ordered the labor department to identify.2007Years3Month22Day-8Month12Day

6First, the administrative litigation: the first against the government, the government to revoke the decision of reconsideration, unit of withdrawal.2007Years11Month-2008Years1Month

7Second, continue to urge the administrative reconsideration: I City Hall support, abandon a reconsideration decision shall be identified, the government department of labour re identified.2008Years2Month16Day-2009Years7Month8Day

8Second, administrative litigation trial: unit second times against the government, a judgment maintains City Hall administrative reconsideration decisions.2009Years7Month15Day-10Month15Day

9Second times a second, administrative litigation: unit appeal, appellate court upheld the first instance judgment.2009Years11Month15Day-2010Years6Month25Day

10,2010Years8Month4Labor department third to inductrial injury (two does not belong to inductrial injury).

11The third time, I apply for administrative reconsideration, the reconsideration decision: the government ordered the labor department to identify.2010Years8Month10Day-2011Years2Month28Day

12Third, administrative litigation trial: unit third times against the government, a judgment maintains City Hall administrative reconsideration decisions.2011Years3Month2Day-6Month14Day

13Third times a second, administrative litigation: unit appeal, appellate court upheld the first instance judgment.2011Years6Month18Day-10Month27Day

14The forensic identification, appraisal conclusion: to make objective, fair.2012Years1Month6Day-7Month31Day

15,2012Years8Month22Labor department Fourth to inductrial injury (belong to inductrial injury).

16Fourth, the administrative litigation trial: the unit to the labor department, a judgment maintains the labor department work-related decisions.2012Years10Month-2013Years4Month18Day

The unit is also appeal? Get the verdict15Future can be determined.

 

It is not difficult to see:The three time I apply for administrative reconsideration, the government made four administrative reconsideration decisions are supported; unit at a time to apply for administrative reconsideration is not supported, four times to bring an administrative lawsuit in addition to the first trial of withdrawal, second and third times, fourth times the trial of the two decisions are lost.

 

My calculation, loss in this16A program on the accumulative time5Year and a half! Remaining2Year is between programs waiting time. 

I have to face and accept is not only the right leg because of work disability, and left leg for infantile paralysis disabled, right leg and then I will lose more disability living ability, and long time of suffering and torture, various diseases come in a throng: duodenal ulcer, coronary heart disease is not stable angina pectoris (medication3Years after being diagnosed with anxiety withdrawal), lymphadenitis, appendicitis, anxiety, otolith disease etc.. 

I believe that the law of balance is fair, so, I insist on rational adults. However, because of the labor department is not legally recognized, delay the employer the malicious lawsuit, cause me to move in circles in the program, several times to return to the origin, I began to hate the industrial processing cumbersome procedures. Cumbersome procedures seem to be fair, but can be malicious use, I would like to ask: to let the weak suffer the most cumbersome procedures, the relevant legal procedures inductrial injury in protecting??? 

Through the cumbersome procedures, I have had the helpless, helpless, depressed, despair, anger, anxiety...... Now, it is highly expected! 

I struggle in pain, but also thinking in pain: the balance of law is fair, but has been artificially in the side to increase the weight: the employer malicious litigation; labor departments not to exercise their powers according to law; no complaints. But on the other side the law not perfect and the lack of checks and balances: unit of malicious litigation without punishment mechanism; the labor department without supervision, error correction mechanism, if the administrative reconsideration of internal error correction mechanism is difficult to play a role; the channel is not smooth; the court did not inductrial injury rights etc.. In this case, cumbersome procedures must be inductrial injury rights a hom. 

As I personally, for myself, but also for all the workers inductrial injury rights is no longer difficult, constantly sound, constantly shouting, calling for relevant laws as soon as possible, perfect sound. 

I believe that a sense of justice, sense of responsibility, focus on industrial lawyer, experts, scholars will give support and help, to the progress of the rule of law for drum and call, let inductrial injury rights is no longer difficult to implement.