The Court Returned Justice For Injured Employees In Accordance With The Law.

A worker named Chen Xiaojiang in Zhuji was injured by accident during work hours and workplaces. But when he applied for a work-related injury, the employer provided a proof of his wife's "proof of the cause of injury" as evidence. (in his letter of acceptance, Chen Qi admitted that the injured person was injured by "moving his home at home)" to prove that his accident was not a work-related injury.

Recently, the reporter learned from the Shaoxing intermediate people's court that the recent trial of the hospital has terminated the administrative confirmation of labor security, and believes that Chen Xiaojiang's injury should be identified as an industrial injury.

Chen Xiaojiang is a member of Shan Xia Town in Zhuji. Before the incident, he worked in a local company called Zhejiang long Ding fire fighting equipment Co., Ltd. (hereinafter referred to as "dragon tripod"). Long Ding company did not pay industrial injury insurance for him.

Around 14 o'clock in June 18, 2014, when Chen Xiaojiang used dragons to draw metal materials to the lathe for processing, the material was overturned, causing it to be pressed and sent to Zhuji People's Hospital for treatment.

The Zhuji Municipal Bureau of human resources and social security (hereinafter referred to as "Zhuji Municipal Bureau of social affairs") has been verified after investigation and verification. It is considered that the injury suffered by Chen Xiaojiang is in line with the provisions of item 1 (Fourteenth) of the industrial injury insurance Ordinance. "One of the following cases shall be deemed as work-related injury: (1) in the working hours and in the workplace, it is recognized as an industrial injury in the working hours and in the workplace due to the cause of work injury". In January 20, 2015, the worker decided to identify the work-related injury and served it to the parties concerned.

Long Ding company refused to accept the application for administrative reconsideration. The Zhuji municipal government has made an administrative reconsideration decision to maintain the determination of work-related injuries.

Long Ding company still refused to accept and filed administrative proceedings.

In the lawsuit, the company submitted a proof: Chen Xiaojiang's wife Ma Hong group was issued on the second day after the incident, that is, in June 19, 2014. Evidence of injury "The undertaking" states that I (Ma Hongqun) promised that the injured person (or Chen Xiaojiang) was injured because he was injured at home. Long Ding company uses this to prove that Chen Xiaojiang's accident injury is not a work-related injury.

For the evidence submitted by long Ding company, Chen Xiaojiang and his agent Ma Hongqun said: the word "home" in the undertaking is not written by Ma Hong group. The other characters are written by her, the name is signed by Ma Hong group, and the handprint is pressed by her. This thing is the long Ding company said to report social security, so let Ma Hong Group signed, she signed.

In response, the court of Zhuji held that although the company had provided a letter of commitment, the word "home" was obviously added after the two words. Therefore, the evidence provided by long Ding company is not enough to prove that Chen Xiaojiang was injured in the accident at home. Chen Xiaojiang was injured by accident during work hours and workplaces. Industrial injury insurance Ordinance The provisions of item 1 (Fourteenth) of the article shall be deemed to be work-related injuries. The court ruled in accordance with the law to reject the litigation request of long Ding company.

Long Ding company still disagrees, insisting that Chen Xiaojiang is not a work-related injury in the undertaking, appeals to revoke the first instance judgment, and revoke the determination of industrial injury.

After hearing the case, the Shaoxing intermediate court held that the evidence of witnesses such as Qian Ding and other witnesses confirmed that Chen Xiaojiang was injured by the accident and was taken to hospital in June 18, 2014 when he pulled the goods in the workshop of the Dragon Ding company. Long Ding provides a promise letter issued by Chen Xiaojiang's wife Ma Hong group to prove that Chen Xiaojiang is not a work-related injury. However, I promised that the injured person's injury was due to "two words" at home after he was injured in his own move. According to the nineteenth articles and second clauses of the industrial injury insurance Ordinance Workers Or if the close relatives consider it a work-related injury and the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof ". The company failed to make a reasonable explanation and did not prove that Chen Xiaojiang was injured at home. Therefore, the company should bear the legal consequences of not giving evidence. Accordingly, the court made a final judgment, dismissed the appeal from the company and upheld the original judgment.