The Employing Unit Agented by Jin Rui Won the Labor Injury Treatment Case about Claim for Compensation of 4-Million-Yuan | |
On July 6th, 2018, Beijing Shijingshan Labor&Personnel-Dispute Arbitration Commission (herein after "Arbitration Commission") ruled on the case of Mr. Wang vs. A Company that the employing unit agented by Jin Rui lawyer won.
On July 29th, 2015, Mr. Wang was confirmed to get a work-related injury after an accident, and then he was identified as Class 7 of Gradation of Disability Caused by Work-related Injuries and Occupational Diseases. In 2018, Mr. Wang applied for a reexamination, and this time, he got the result of Class 3. Then Mr. Wang sent an application for arbitration in which he claimed that the employing unit should take responsibility for the result-changing, because he thought it was the employing unit's fault that it didn't give all the materials to the Labour Capacity Identification Committee and caused such different results. Mr. Wang claimed in his application that the employing unit should pay for the following expenses including medical treatment costs, nursing care fee, lump-sum disability subsidy difference, monthly-disability-subsidy difference, compensation for mental loss, medical insurance difference, endowment insurance difference, housing fund difference, Class 3 disability compensation, etc. The sum reached to more than 4 million yuan.
Jin Rui lawyer who accepted the commission from the employing unit, had been carefully working on Wang's application for arbitration, and found out that most of the claims were inadmissible. Besides, Mr. Wang didn't submit sufficient evidence to prove that the employing unit was at fault as to the identification. Moreover, the employing unit had already paid work-related injury insurance premiums for Mr. Wang since he began to work for the company. After Mr. Wang got work-related injury, the company made sure he got the expenses from work injury insurance fund as soon as possible and gave him a two-year payoff period and complied with all the duty in the nursing period.
After hearing both parties, the Arbitration Commission accepted the employing unit's opinion of defense, rejected all Mr. Wang's claims, and made sure that the lawful rights and interests of the company were not harmed. |
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