Brief introduction of industrial injury compensation case Jin is a villager in Yitong Manchu Autonomous County, Jilin Province. On February 8, 2008, I was introduced to work in a mechanical processing company in Changchun, engaged in boiler combustion, boiler maintenance and overtime work. On August 27, 2008, when he was working in the unit, when adding ferromanganese to the furnace, the molten iron overflowed and his eyes were burned. After the injury, the general manager of the company asked his workers Lu, Li and Sun to send him to the Qianwei Hospital of Jilin University for treatment. Because Kim's eye burns caused infection in his right eye, the hospital could only perform enucleation surgery for him, which brought great physical and mental pain and harm to Kim. After paying the medical fee of 1 10,000 yuan, family life is extremely difficult, and later treatment and installation of artificial eyes still need a lot of money. However, the machinery company neither admitted that his injury was a work-related injury, nor refused to pay medical expenses, nor did it implement the relevant work-related injury treatment. It believes that Kim's injury was caused by his own illegal operation. After many unsuccessful consultations between Kim and his family and the unit, Kim had no choice but to apply for work-related injury identification in personal form. 65438+On February 4, 2008, Kim filed an application for work-related injury identification with Changchun Labor and Social Security Bureau.

Undertaking process

Because Kim is a migrant worker, his family life is difficult, there are high-level mothers to support, and his son needs support when he is young. His wife is just an ordinary rural woman, supporting the whole family with the meager income of farming. Kim and his family lack legal knowledge and are unable to pay legal fees, which meets the conditions of legal aid. On June 5438+February 1 day, 2009, Kim's wife came to the Work Injury Insurance Department of Changchun Labor and Social Security Bureau to apply for work injury identification for Kim. The lawyer of Jilin Dahua Mingren Law Firm, who was stationed in the Industrial Injury Insurance Department of Changchun Labor and Social Security Bureau, heard Kim's wife's crying and learned that Kim had difficulties in being hospitalized due to work-related injuries and the difficulties of his family's life, and immediately decided to provide him with legal aid.

After accepting the case, the lawyer carefully understood the basic situation of the case, informed Kim's wife of all the materials needed to apply for a work-related injury at one time, and helped Kim's wife to retrieve the short form of enterprise registration of machinery companies from Changchun Administration for Industry and Commerce, consulted relevant evidence materials in time, and filed an application for work-related injury identification according to the Regulations on Work-related Injury Insurance and Several Provisions on the Implementation of the Regulations on Work-related Injury Insurance in Jilin Province, and assisted her to file an investigation at the Work-related Injury Department of the Labor Bureau on the same day. On the same day, the Work Injury Division of the Labor Bureau issued the Notice of Investigation on Work Injury Identification to the company, requiring the unit to report to the Labor Bureau whether there is a labor relationship between Kim and the machinery company, whether Kim's injury is true or not, and related evidence materials within 15 days after receiving the Notice of Investigation on Work Injury Identification, and requiring the unit to submit materials on time and send personnel to the Labor Bureau to state the relevant situation in person. Overdue, the Labor Bureau will be based on Article 14 of the Measures for the Determination of Work-related Injury (OrderNo. 17 of the Ministry of Labor and Social Security of People's Republic of China (PRC)) "If the employee or his immediate family members think that it is a work-related injury, the employer shall bear the burden of proof. If the employing unit refuses to provide evidence, the administrative department of labor and social security may make a conclusion of work-related injury based on the evidence provided by the victim's employees, and make a conclusion based on the materials provided by Kim. The machinery company did not go to the Labor Bureau to receive the Notice of Investigation on Work-related Injury Identification for many days after receiving the phone call from the staff of the Work-related Injury Department, nor did it send people to the Labor Bureau for investigation. On June 5438+1 October12009, due to job transfer, the lawyer was transferred back to Jilin Dahua Mingren Law Firm, and Jilin Dahua Mingren Law Firm appointed lawyer Huang Ye to take over the original lawyer's work. The Work Injury Department of the Labor Bureau continued to provide legal assistance to migrant workers. After Huang Ye took over the case, he repeatedly urged the staff of the Industrial Injury Department to issue a notice of investigation to the company in time. The staff of the industrial injury department said that they would send people to the company to serve the notice of investigation and conduct an investigation. Lawyer Huang Ye also took two staff members to the company to investigate the fact that Kim was injured. The machinery company took an evasive attitude and refused to cooperate. Lawyer Huang Ye came to the machinery company again and contacted Jin's workers. Under the condition of ensuring the confidentiality of witnesses, after repeated persuasion, they finally won the support and sympathy of Kim's workers Li and Cheng, issued valuable witness testimony for Kim, and went to the Industrial Injury Department of the Labor Bureau for investigation. The staff of the Labor Bureau and lawyer Huang Ye made investigation records for two workers. In the case of complete evidence, the labor bureau mailed the Notice of Investigation on Work-related Injury Identification again, and the machinery company finally sent someone to the work-related injury office to state the case. After Huang Ye's lawyer and the staff of the industrial injury department patiently explained the legal provisions and related policies, the machinery company finally said that it would solve the case as soon as possible through friendly consultations between the labor administrative department, lawyers, employers and the injured Kim under reasonable and legal conditions.

Commitment result

On March 30, 2009, the general manager and financial personnel of the machinery company came to the Industrial Injury Department of the Labor Bureau. Under the friendly negotiation of lawyers, the labor administrative department, the employer and Kim's family, the machinery company and Kim agreed to settle. On the basis of fairness and voluntariness, both parties reached the following agreement on compensation for work-related injuries of Kim: 1. According to the relevant provisions of the Regulations on Work-related Injury Insurance, the compensation party will receive a one-time work-related injury subsidy. 2. After receiving a one-time work-related injury subsidy of RMB one hundred and eleven thousand Wu Bai Yuan only (11.500 yuan) from the machinery company, Jin terminated the work-related injury relationship and labor relationship with the machinery company; 3. After receiving the above full payment, Kim voluntarily gave up all civil rights related to this matter; 4. This agreement shall come into force as of the date of signature by both parties; The machinery company paid RMB one hundred and eleven thousand Wu Bai Yuan only (1 1. 500 yuan) on the spot. Lawyer Huang Ye helped Jin to write the application for withdrawal of the lawsuit, which proved for the machinery company and Jin, and witnessed the settlement agreement between the two parties as a lawyer. At this point, the case has been successfully solved. With the help of two lawyers, including Huang Ye, Jin has been recognized by the staff of the Labor Bureau.