Case Analysis (8): How do you decide?
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This post was last edited by slll611 on 2016-3-16 at 14:43. Case: Qi, an employee of a construction company in a certain city, was injured while working on a construction site on May 6, 2013. In September, the local social insurance authorities classified the injury as an occupational injury, and in December, the labor ability assessment committee determined that his disability level was grade eight. In February 2014, the company negotiated with Qi, and since the employer was not covered by the local work-related injury insurance scheme, it agreed to pay a one-time compensation of 40,000 yuan. Qi disagreed with the company’s decision to provide a one-time compensation and filed arbitration claims as well as lawsuits with relevant authorities, asserting his rights to workers’ injury benefits. If you are the relevant department, how do you make the decision?
I think the compensation does not meet the parties’ requirements; an appeal is possible
The company’s compensation is unreasonable; Qi should file an arbitration claim and lawsuit with the relevant authorities to assert his rights to workers’ injury benefits.
Qi has a valid point. Since the employer did not participate in the local social insurance scheme for work-related injuries, the employer was at fault first. A one-time compensation payment is not sufficient to meet the rights related to work-related injury benefits; it is necessary to file for arbitration and litigation in order to safeguard one’s rights to such benefits. The relevant authorities should rule in Qi’s favor.
Qi has a valid point: victory: