Mr. Liao, from Changting, Longyan, worked in a coal mine in Silla, Longyan. He was injured at the beginning of this year, constituting a level 9 disability. The mine owner only paid part of the medical expenses. In desperation, Mr. Liao went to the Silla District Court to sue the other party and demand compensation.
How will the court finally make a judgment on his appeal?
left sternoclavicular joint dislocation constitutes a level 9 disability In court, the plaintiff Mr. Liao's agent first made relevant demands, requiring the mine owner to compensate for medical expenses, loss of work, nutrition expenses, disability compensation and other economic losses totaling 175,890 yuan .
The plaintiff Mr. Liao said that he was engaged in diameter shooting work in the defendant's coal mine. On February 29 this year, he and two other workers went down the mine to work. As a result, he was unfortunately injured while pulling the mine cart, causing the plaintiff's left sternoclavicular joint dislocation .
After being injured, the plaintiff Mr. Liao was sent to Longyan Second Hospital for 18 days of hospitalization, and the defendant paid 10,000 yuan in medical expenses. Later, because the defendant refused to pay the medical expenses again, Mr. Liao had to be discharged from the hospital. Because the plaintiff was unable to bear the large medical expenses, the surgical treatment suggested by the doctor was not carried out later.
On May 28 this year, Mr. Liao went to the relevant appraisal department to conduct disability assessment and was assessed as level 9 disability . Mr. Liao believes that he and the defendant have formed a labor relationship, and the work environment provided by the defendant is very narrow, and he should be compensated for his injuries. However, after the accident, the plaintiff and defendant were unable to reach a compensation agreement. Compensation item Standard Amount Both parties have their own opinions
The defendant admitted that Mr. Liao was injured while pulling the mine cart, but said that Mr. Liao was injured because of his wrong position and improper operation, and Mr. Liao himself had to bear part of the responsibility.
The defendant believes that Mr. Liao was rated as a level 9 disability and indeed he would be given certain compensation. According to the existing laws in our country, there are two standards for disability compensation. One is rural standard , and the other is urban standard . If the injured person's income mainly comes from in urban , or live in the city for a year. Then, compensation will be made according to urban standards.
Since the urban standards are higher than the rural standards, in the court, both parties have their own opinions on which standard Mr. Liao’s disability compensation is based. plaintiff believes that the disability compensation in this case should be calculated according to urban compensation standard . The defendant believes that it should be calculated according to the compensation standard for in rural areas of , which is more reasonable and fair. court organized mediation and the defendant compensated 85,000 yuan in compensation . In view of the willingness of both parties to mediation, the court immediately organized the two parties to mediate after the trial and finally reached a mediation agreement. The defendant paid 85,000 yuan in compensation . parties settled .
is controversial due to the two parties' application standards. The court also chose to weight the average through the urban residents standards and rural residents standards to obtain a disability compensation.
Judge reminds that when migrant workers go to the construction site, they should go to the local police station to apply for temporary residence permit , or apply for a residence certificate. Often when a dispute arises, if the plaintiff can provide the above evidence, it will provide a more favorable result for his own evidence.
