The cost of safeguarding the rights of a worker: 22

After the trial of the three courts in Henan, the injured workers Liu was compensated 280,000 yuan He Mingxuan guoqing Li Yin workers injury, the legal access to all kinds of work injury treatment is its rights, but also the obligations of enterprises. However, in real life, some enterprises use various excuses to prevarication, which leads to the failure of workers ' work injury treatment.　　So, drag the disabled body, we today's protagonist in this line of rights on the road for 22 years. What does 22 mean for a person's life, needless to say.　　The new "Industrial Injury Insurance Ordinance" (draft) has made drastic changes in the process of simplifying work injury identification, hopefully this will help the workers on the rights road so that they do not have to pay such high cost.　　--Editor's notes recently, Henan Petroleum Exploration Bureau 59-Year-old staff Liu, finally in Henan province Nanyang Wancheng District People's court to receive 280,000 yuan work injury compensation.　　After the injury, Bingtui, 59-Year-old Liu in 1965, joined the Army in 1972, retired and transferred to the Henan Petroleum Exploration Bureau (hereinafter referred to as the Exploration Bureau) Transport Department. August 10, 1987 early morning, the Henan Petroleum Exploration Bureau moved the site, when the Liu of the vehicle dispatcher due to work with the Bureau of the two big brigade captain more than a dispute, Liu Eyes and head injury. Hospital diagnosis: Left eyeball blunt contusion, left eye conjunctiva haemorrhage, eyelid under congestion, eyesight drops to 0.08. Liu hospitalization for 15 days, the conclusion of discharge diagnosis: Left eye vision is 0.3, tinnitus and headache, insomnia and so on.　　The head injury in the posterior Liu was a concussion by the hospital's brain surgery. After the incident, the Bureau of Investigation and Petition office, oil field Public Security Bureau, drilling company discipline Inspection and Transportation Department of the Joint Inspection team to investigate the matter.　　February 11, 1988, the investigation team made a deal with the opinion: I made a deep inspection, to Liu apology; Liu from August 13, 1987 to the end of February 1988, all the costs of hospitalization by the drilling company to cancel.　　Later, Liu that he was disabled during the work, should be an injury, in accordance with the "State Council Enterprise Employees report and treatment of industrial accidents", employing units "should be timely, fair and lawful to report the accident", but the exploration bureau has delayed the report, resulting in their own follow-up medical expenses can not be reimbursed May 18, 1990, the Transport Department applied for an Injury assessment committee of the survey Bureau to Liu the treatment of workers injured by non-occupational injuries. July 20, 1991, the Transport Department will report the Liu injury.　　At this time, the Exploration bureau issued the "Henan Petroleum Exploration Bureau staff Internal early retirement interim provisions" document, the body of disability Liu helpless Bingtui. In the meantime, the hospital to its disability conclusion is "traumatic mental disorders, concussion syndrome", the Exploration Bureau Staff hospital early retirement identification is post-traumatic concussion syndrome.　　December 30, 1992, the Transport Department issued documents approved Liu Advance Bingtui, then Liu 42 years old. As a result of the delay in the treatment of injury, Liu continued to complain to the relevant departments. March 1995, ProspectingThe Bureau identified the Liu 10 grade and issued a disability grade certificate, but the work-related "accident occurred time and place" to fill in "November 1966, Sichuan Petroleum Bureau transport companies out of repair vehicles accident," Liu did not care.　　In July of that year, Liu received a one-time disability allowance of 2136 yuan. Soon after the arbitration, the first trial, Liu found that the early bingtui and the early retirement due to a large gap in the treatment of injury, asked the Exploration Bureau in accordance with the early retirement treatment injury.　　October 11, 1999, the Bureau of Investigation and Petition office, the Organization department, the Labor and wages office, the Union written reply Liu: there is no reason and policy basis to change advance bingtui cause.　　November 24, 1999, Liu to the Nanyang Labor Dispute Arbitration Commission filed a complaint, asked the Exploration Bureau to work at the time after the identification of industrial injury retirement procedures. Nanyang City Labor Dispute Arbitration committee after the hearing that: the complainant August 10, 1987 because of work disability, until March 1995 was officially confirmed injury and issued a disability grade certificate. But after the confirmation of work injury, not all the work injury treatment.　　Therefore, the respondent shall carry out the work injury treatment of the complainant.　　March 17, 2000, the Arbitration Committee found that: the date of the award effective 30th, the complainant is the applicant for the time after the identification of the work injury Bingtui, at the same time, for the complainant to declare the travel expenses of the petition for many years 8583.20 yuan.　　April 23, 2000, the Exploration bureau filed a lawsuit against the Nanyang Wancheng District court to revoke the decision of the Nanyang Municipal Labor Arbitration Commission. The Bureau of Exploration considers that: the plaintiff found that the Liu injury was a November 1966 vehicle accident, and Liu Disability in August 1987 is not related.　　Liu received a one-time disability benefit of 2136 Yuan, has already enjoyed the work injury treatment. The court heard that: the plaintiff confused 1966 Liu due to repair vehicles maimed hands upper limbs and 1987 in the Transport Department to reduce eyesight and concussion of two facts, so Liu 1987 injury, the plaintiff did not give the exact cognizance, in accordance with China's "labor law" provisions, The plaintiff shall handle the work injury Bingtui after the Liu of the work injury and implement the related treatment.　　Because the plaintiff did not give Liu timely implementation of work injury and related treatment, resulting in Liu from 1992 onwards since the petition, so the telephone fees, transportation, accommodation, photocopying fees, postage, travel expenses, as appropriate, the plaintiff to bear 9900 yuan.　　November 10, 2000, the court sentenced: the plaintiff from the sentence after the entry into force 30th for Liu According to the time after the work injury Bingtui; The plaintiff paid the defendant a total of 9900 yuan for years of petition and arbitration within 10th after the entry into force of this judgment. The work injury treatment is difficult to implement the Exploration Bureau against the first instance judgment, filed an appeal to the Nanyang Intermediate People's Court, under the auspices of Nanyang Chinese Academy, July 19, 2001, Liu and the Bureau of Exploration reached a conciliation agreement: Since Liu was rated as disabled from the date of 10, the Bureau of Exploration for the Liu to enjoy The Exploration bureau paid the Liu Financial assistance 4 before August 20, 2001000 Yuan. After the issuance of the conciliation book, the Bureau of Exploration and the Liu have been divided on how to implement the first item. April 28, 2002, Liu to the Wancheng District People's Court for implementation, and that according to the provisions of the law, the Unit should be assigned to its work. The Bureau of Exploration considers that it is impossible for the Liu to Transact bingtui, and that the treatment of the work injury level 10 has been completed.　　The executive said: According to the Ministry of Labor, "the pilot measures for Industrial workers ' injury Insurance," 24th, workers disabled by workers are identified as five to 10 levels, in principle, can be arranged by the enterprise appropriate work. December 10, 2004, the Wancheng District court to the first clause of the conciliation letter is not known, the implementation of the basis of the unclear notice Liu through other procedures to resolve.　　Liu applied for the retrial mediation of Nanyang Chinese Academy. October 10, 2008, Nanyang Chinese court verdict, the contents of the first item of the conciliation book are clearly as follows: Since Liu was rated as a disabled 10, Henan Petroleum Exploration Bureau gave Liu to enjoy the disability 10 of the related work injury treatment, that is, due to the treatment of industrial injury required registration fees, hospitalization fees, medical expenses, medicine, hospital tolls full reimbursement (a) A one-time disability grant of $2136 (performed);　　November 10, 2008, Liu to Wancheng District Court for enforcement. After a tough time, the Bureau of Compensation Exploration refused to the Nanyang Chinese court filed a complaint with the higher People's Court of Henan province: After the legal effect of the mediation of the second instance, the Nanyang Chinese Academy, with the dean finding the problem, starts the retrial procedure improperly, and uses the verdict to explain that the conciliation book has the effect without legal basis; The retrial procedure violates the lawful and voluntary conciliation The result of the retrial is beyond the scope of the trial, the judicial power violates the administrative power; The Liu's disability treatment has been fully implemented and implemented.　　Request the revocation of the effective judgment and retrial the case. The retrial of Henan High Court holds that: after the legal effect of the mediation of second instance, the initiation of retrial by the Dean of Nanyang Middle School is the embodiment of exercising the authority according to law, and there is no legal stipulation violating the civil procedure. In the retrial judgment, it is not improper to make the content of the mediation of the second instance clear according to law. The Bureau of Exploration has argued that conciliation violates the principle of voluntariness and legality, but does not provide sufficient evidence to prove it. The retrial in Nanyang Chinese Academy is a trial and a valid judgment according to the litigant's request of lawsuit, and it does not exceed the litigant's request. Although the state Labor administrative Department has the right to decide the retirement endowment insurance treatment for the workers, but the Liu is not satisfied with the retirement condition, should enjoy the old-age insurance treatment, and takes the labor dispute as the basis to bring the civil action to the court, the court hears and makes the judgment to its request, is the is not a violation of the executive power. It is not improper for the court to initiate the retrial procedure and make a retrial judgment according to law.　　Accordingly, April 1, 2009, the High Court of Henan Province decided to dismiss the Exploration Bureau retrial application. After the verdict was issued, the Wancheng District court resumed execution of the case. April 24, 2009, the Bureau of Exploration to the Liu "arrangements for appropriate work" to the Wancheng District court to put forward the implementation of the opinion, such as Liu unwilling to post, can be assessed from the injuryThe date to its 60 years of age to give a certain amount of financial compensation, the compensation standard for the post due income and the amount of pension received, about 100,000 yuan. Liu also put forward not to arrange work and give economic compensation for the implementation of the program: the salary and pension difference of 86,000 yuan, Housing Provident Fund more than 30,000 yuan, enterprise annuity more than 8,000 yuan, the average monthly award of more than 63,000 yuan, Susan Award, year-end award 65000 Yuan, Enterprises should pay the endowment insurance and interest more than 47,000 yuan, the employee's personal account of medical expenses 3500 yuan.　　The above total of more than 368,000 yuan in a lump sum of $300,000 to maintain current retirement and pension status.　　Under the legal supervision of the Wancheng District Standing Committee of the People's Congress, the Wancheng District Court executive carried out several reconciliation, July 2, 2009, the two sides reached an agreement: the Exploration Bureau no longer arranges work for Liu, one-time compensation Liu 280,000 yuan.　　Recently, Liu received 280,000 yuan compensation. According to the case, Wancheng District Court judge said that the procedure of work injury cognizance cumbersome, the work injury treatment is difficult to implement, is a lot of work injury cases time-consuming long important reasons. July 24, 2009, the State Council's legal office published the "Work Injury insurance Regulations (draft)" In response to this issue has made a substantial change, one is to increase the timely reporting system, employing units in the case of more serious industrial accidents should be reported within 24 hours. This will change from the system Liu accident occurred 4 years after the phenomenon reported. Second, the cancellation of the administrative reconsideration before the procedure. In the case of industrial injury disputes, the relevant units and individuals may apply for administrative reconsideration or direct administrative proceedings. These changes can prevent the employing units from delaying the "tactic", the use of procedures malicious infringement of the rights and interests of workers, help workers to enjoy the work injury treatment.