Shandong Zili law firmEconomic and social services advanced deeds

           (public welfare services, helping the elderly, women and children)

Compensation legal aid case king a person damage

  Case description: Wang (a pseudonym), female, 50 years old, because of the need to frame crutches, fracture of economic difficulties, to apply for legal aid. Wang in 2010 in a biological Limited for a high, not signed labor contracts, to provide services for the. The main work is in the company organization, to all over the country engaged in health care products promotion recovery work. In December 10, 2010, a high for Wang and other 5 people to Linyi City Lanshan district business engaged in health care products sales recovery work. The second day of December 11th about eighteen thirty-five, Wang during work, walk to the Linxi Lanshan District of Linyi City, two road and Yinqueshan Road Interchange, got hit by a car two wheel motorcycle, the car on the spot to escape. After the Linyi City Traffic Police Detachment directly under the second brigade that: the two wheel motorcycle negative accident responsibility. Wang on the spot to Linyi City Hospital of traditional Chinese medicine treatment, the diagnosis: right lateral tibial plateau fracture collapse, right suprapatellar bursa effusion. Wang had to go back to Qingdao city to further examination, spend a lot of medical expenses, a high as employers to ask no matter, also do not pay medical expenses, evading responsibility. Wang in order to protect their own rights and interests, but need a crutch walking, fracture of economic difficulties, to apply for legal aid.

  The Legal Aid Center assignment, Shandong legal aid cases in point Shandong Zili Liu Lusheng law firm, such as pan Weishang Lawyer Wang the labor dispute case. After accepting a commission, lawyers and the parties immediately contact, asked the case, access to relevant information, a careful analysis of the case, collect evidence, and discussed many times, with other lawyers think: Wang and Gao the existence of labor relations, there is no relationship; Wang was injured during the period of employment, a high should the employee hurt responsibility.

The cause of action for:

A king, a service with a high relationship

  In this case, a high recognition: is personally find Wang, let its help to sell health care products, Lanshan District of Linyi is responsible for collecting the questionnaire, and the whole process, Wang and others are to follow a high make arrangements, command, provides only labor (in charge of collecting table), even in the absence of to adopt a table also enjoy 2200 living allowance every time. All sales revenue all to a high dominance, business trip, according to the services provided by many compensate. Therefore, the relationship between the two sides in full compliance with the characteristics of employment services.

Two, both sides does not have relations of cooperation

  A high advocated cooperation with Wang Department of relations reasons, should be a high burden of proof, the sales of the products after all belong to the high income of all, Wang Mou to complete the production form, not the fruits of labor responsibility, not to sell a product liability Wang provides only service, only to be service fee therefore, the relationship between the two sides, not in conformity with the cooperation relationship.

The three injured, Wang Mou in employment activity period, a high shall bear the responsibility

  From both sides of the recording, video evidence can be seen, a high recognition Wang was injured during a business trip to sell health care products, and agreed to pay the medical expenses. According to the "Regulations of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" article eleventh: "the employee suffers from a personal injury when engaged in employment, the employer shall bear the liability for compensation................."

  The case lasted more than 1 years, during the lawyers repeatedly to find the company and a high agreement, but a high for various reasons to shirk responsibility. In the absence of labor contracts and other important evidence of the case, the lawyer's efforts, the court mediation many times, eventually the two sides reach a mediation opinion: a high in 2012 before 17 August, a one-time payment of Wang 20000 yuan, once the dispute.

  Although the legal aid cases, but the lawyer always serious and responsible, time-consuming more than a year, finally for the parties to the legitimate rights and interests. And the lawyer always at their own expense, driving the recipient Wang, very satisfied with the work of the lawyers, lawyers feel, feel their pay is worth, safeguard the legitimate rights and interests of vulnerable groups and social fairness and justice, improve the social image of lawyers, the case was the legal aid center was named outstanding case.