Preface

Wenchuan earthquake, affects the hearts of many people.

"What can you do?" I'm a thousand miles away, capsule, cannot loosen one's purse strings generously, it donated 100 yuan, 1200 yuan special party membership dues, only is an utterly inadequate measure, from time to time to feel less what to do. I can only teach their children at home to cherish life, see life from the Earthquake Vulnerability in the accident. Today for a work-related injury cases, I think there must be a lot of earthquake inductrial injury accident, an industrial case I want to through my first half of the year, may help the injured in the earthquake of some civil servants, while also providing legal legislation thoughts to inductrial injury worker, also let I can make some legal service in the the earthquake.

Case

　　Wu is a city power company under the Property Management Company hired guards on the way to work in July 12, 2006, unlicensed driving motorcycle knocked down by others, his legs were injured. In August 30th the same year, Wu to the provincial labor and social security office to submit the application for ascertainment of a work-related injury. The provincial Office of labor and social security, because this kind of inductrial injury is controversial in practice, work-related injuries that made the statutory period failed to make. Wu is in March 10, 2008 by express mail to the provincial government and the Ministry of labor and social security at the same time, to apply for administrative reconsideration, the office of labor and social security shall be required to work-related injuries that decision.

The provincial government's Legislative Affairs Office in March 11th received an application for administrative reconsideration. The review considers: Wu after the injury, has no cure, due to economic reasons family no follow-up treatment, the injury worse if not treated in time, case from case, only the Department of labor and social security shall be ordered to make work-related injuries that decided to close the case; from the point of view, to to resolve the contradiction, let Wu continue treatment, solve any menace from the "rear". In March 20th, the provincial government's legislative affairs office from the solution to the problem of consultative conference, contribute to the settlement agreement one-time compensation 100000 yuan between Wu and the employer. So, with the request to order of administrative duties in three cases, the parties hold hands satisfactorily, administrative reconsideration cases termination.

The case handling, Wu and his old mother, holding my hand, said repeatedly thank.

Comment on

　　Inductrial injury problems at present controversial. "Regulations" industrial injury insurance for work-related injuries cognizance, adopted the "recognition", "as" and "exclusion" identification method. The fourteenth rule is "shall be deemed as work-related injury" situation, this case is consistent with this case. By fourteenth, fifteenth of the working reason not listed, so the sixteen further clearly not three kinds of case ascertainment of a work-related injury or inspect with inductrial injury, because of driving without a license is "violation of the management behavior of the motorcycle" social security, there are two kinds of disputes in theory and practice, so as to cause the case whether Wu industrial dispute.

For the ascertainment of a work-related injury clause, legal practice staff experts, think too rigid, without taking into account the various situations that may arise in the process of work and real life, did not fully reflect the characteristics of our country of humanization of law.

From the social harmony of society, realize the humanities concern, the premise has the dispute in the applicable law, be treated as soon as possible to allow the injured, organization consultation between the two sides, a one-time compensation agreement is not necessarily a good practice.

If the law is too rigid, possibly many injuries in the accident can not be handled properly. As the Secretary of the village work injuries.