How can my friend protect their rights?
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A friend fell from a height while repairing equipment; he wanted to file a workers’ compensation claim, but the workshop supervisor said that doing so would affect the workshop’s safety assessment scores and result in the cancellation of the safety bonuses for all employees in the workshop. The director promised that all medical expenses would be reimbursed, and internal workers would be entitled to work-related injury benefits. The friend felt it wasn’t a serious issue and didn’t want to offend their boss, so they just went to the hospital for a quick treatment and that’s how it ended. Who would have thought that later, my friend started feeling discomfort in his spine; upon going to the hospital for an examination, it was discovered that his spine was fractured and displaced, requiring surgery. A friend went to the manager and mentioned the matter, hoping to have it classified as a work-related injury, but the manager refused to acknowledge it at all! How hateful! How can my friend protect their rights?
Your friend doesn’t understand the law. There are various benefits related to work-related injuries – not just medical expenses and the period required for treatment due to the injury. There’s also coverage for relapses of old injuries, and in case of disability, there’s a one-time disability allowance. Moreover, the employment contract cannot be terminated arbitrarily; if it’s terminated by agreement, there’s a one-time medical allowance as well as a disability allowance. However, I think there should still be ways to handle this, such as contacting the employer, going through labor arbitration, or consulting a lawyer directly; but it’s best to try to resolve things through negotiation if you want to stay at the company! Tell all your friends to study the Work Injury Insurance Regulations carefully ； What’s more important is to raise safety awareness and skills, prevent problems before they occur, and follow the instructions of safety officers!
Firstly, the reason why the workshop fails to report work-related injuries to its employees is to conceal production safety accidents, which is illegal. Secondly, what your friend is doing is incorrect; in the event of an accident, one should use their legal rights to protect themselves. It is the responsibility of the company to file a workers’ compensation claim; failure to do so is the company’s fault. Your friend has the right to request that the company file such a claim under these circumstances, and even if the deadline for filing the claim has passed, the company must still cover all the losses incurred by your friend.
Yes, I agree with what was said on the 3rd floor. Also, check whether the date of the accident is more than 2 years ago. It gets complicated after more than 2 years.
Gather all relevant records of the accident and medical treatment information, first discuss the matter with your employer; if no satisfactory outcome is achieved, you will have to resort to legal channels. After all, spinal damage can have long-term effects in the future, and some consequences may be unpredictable. Be prepared for various scenarios.
Check whether disability assessment is possible according to the \"Standards for Assessing the Degree of Disability Due to Work-related Injuries and Occupational Diseases\" (GB/T16180-1996): Grade 5 disability: Spinal fracture resulting in a curvature of 30 degrees or more, accompanied by severe radicular nerve pain or spinal stenosis. Grade 6 disability: Spinal fracture resulting in a curvature of less than 30 degrees, with deformity and radicular nerve pain (abnormal results on neuroelectrophysiological tests). Grade 10 disability: Spondy arthritis in the affected spinal segment following an injury, accompanied by low back pain, in individuals under 50 years of age； For standards, see: http://bbs.hcbbs.com/viewthread.php?tid=273789&pid=2322814&page=1&extra=page%3D1#pid2322814. I hope the original poster will provide follow-up updates on how things are progressing! This post was last edited by dongzhao on 2009-4-1 17:29]
It’s better to have work-related injury insurance; if any problems arise in the future, it will be impossible to resolve them on a private basis. I’ve encountered such situations in my workplace, and it became difficult to obtain work-related injury insurance again.
My friend had surgery later on, and the factory covered most of the costs, but it was still not possible to classify it as an occupational injury.
I suggest that your friend take the receipts related to the workshop expenses to the company’s safety department or the labor union for assistance; at the very least, the labor union will speak on his behalf!
Turn to the union; it’s hard to say it won’t work； But I’m afraid it won’t work either, because this is a Chinese union! Contact the security department to find out if they have any system for work-related injury insurance; I used to develop such a system, mainly to handle the various complicated procedures related to work-related injuries. When handling work-related injury matters with the social security authorities on behalf of a company, there are time limits; it becomes difficult to proceed after those limits have passed. If the safety management department refuses to assist, it is also hard to resolve the issue. If the injury is severe enough to qualify as a disability, one will likely have to go through the process of applying for work-related injury recognition, followed by labor arbitration, and then litigation