The difficult legal process for claiming compensation for pneumoconiosis

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From occupational disease diagnosis, work-related injury recognition, disability assessment, appeal review, labor arbitration, judicial evaluation, to first-instance and second-instance litigation, and finally enforcement. Xiong Gaolin, a patient with pneumoconiosis, spent 45 months in legal battles, going through all the legal procedures related to claims for occupational diseases, and received over 300,000 yuan in compensation for work-related injuries and civil damages. 　　However, not long after receiving compensation, Xiong Gaolin’s condition worsened; his silicosis progressed from stage 1 to stage 2, and his disability rating increased from level 7 to level 4. As a result, he filed another claim seeking additional compensation for the worsening of his occupational disease. He once again resorted to legal remedies, and after nearly 3 years, he essentially went through all the legal procedures required to claim compensation for an occupational disease. Recently, Xiong Gaolin finally received the court’s final judgment – being awarded an additional compensation of over 420,000 yuan from the company. 　　Worsening of the condition: Another legal claim was filed. In January 2009, Xiong Gaolin was diagnosed with stage 1 silicosis by the Guangdong Provincial Institute for the Prevention and Control of Occupational Diseases. At first, like many professional patients, the bear filed petitions and complaints with various departments, but with little success; therefore, it decided to seek redress through legal channels. Without any media coverage or public attention, Xiong Gaolin went through all the legal procedures related to claiming compensation for an occupational disease; it took him 45 months before he finally received a compensation of over 300,000 yuan in November 2012. 　　Pneumoconiosis cannot be cured at present; the lungs of patients gradually harden, eventually leading to respiratory failure and death. Less than half a year after receiving the compensation, Xiong Gaolin began to feel unwell; further medical examinations revealed that his silicosis had worsened. On December 2, 2013, he was diagnosed by the Guangdong Provincial Institute for the Prevention and Control of Occupational Diseases as having stage II silicosis. On January 26, 2014, the Shanwei Labor Ability Assessment Committee assessed the disability level as grade 4, indicating a complete loss of working capacity. 　　Thus, Xiong Gaolin once again resorted to legal remedies, going through almost the entire legal process for claiming compensation related to occupational diseases: diagnosis of the occupational disease, recognition of it as a work-related injury, assessment of disability levels, labor arbitration, judicial evaluation, and then trials at the first and second instance courts. In mid-2014, the relevant labor dispute arbitration committee ruled that the company should pay Xiong Gaolin more than 250,000 yuan in compensation for work-related injuries, including a one-time disability allowance, but dismissed other claims. 　　Xiong Gaolin and the company were both dissatisfied with the arbitration outcome and filed lawsuits one after another. The first-instance judgment ordered Shitouwang Jewelry Company to pay Xiong Gaolin a one-time disability allowance, settlement subsidy, costs for subsequent treatment, and other amounts totaling over 110,000 yuan, while dismissing the other claims. In June this year, the Shantou Intermediate People’s Court issued a second-instance judgment stating that Shi Tuo Wang Jewelry Company should pay Xiong Gaolin a total of 4,246,678,500 yuan in compensation for the differences in work-related injury benefits as well as civil damages. 　　Second-instance judgment: Differential compensation, not a duplicate lawsuit. One of the key issues in this case was whether it constituted a duplicate lawsuit. During the trial, Shitouwang Jewelry Company argued that Xiong Gaolin’s request for compensation due to the worsening of his health constituted an attempt to file a duplicate lawsuit. The Shantou Intermediate People’s Court held that Xiong Gaolin’s condition had worsened, progressing to stage two of silicosis as an occupational disease, and he was classified as having a disability grade of four. Due to the worsening of the disability grade, both work-related injury benefits and civil compensation amounts increase. The appellant filed a lawsuit regarding the increased amount, and there is no duplicate claim. It does not constitute a duplicate lawsuit. ” 　　In June 2012, Xiong Gaolin, who suffered from pneumoconiosis, went through a \"marathon\" of legal efforts and was ultimately awarded compensation of over 300,000 yuan, of which 10,000 yuan was intended as mental distress compensation. Legal experts believe that the victory in this case represents a breakthrough in the history of work-related injury compensation in Guangdong: patients suffering from occupational pneumoconiosis were able to claim compensation from their employers, not only for the physical injuries they suffered but also, for the first time, for emotional distress. 　　In this most recent second-instance trial, in addition to compensation for work-related injuries, Xiong Gaolin also requested 100,000 yuan in compensation as emotional distress relief. The final judgment rendered by the Shantou Intermediate People’s Court held that Xiong Gaolin’s request for mental distress compensation should be supported, “but his request of 100,000 yuan was excessive; taking into account the actual circumstances of this case, the amount of mental distress compensation was determined to be 25,000 yuan.” ” 　　Lawyer’s opinion: Rights relief for pneumoconiosis should be ensured. Since Xiong Gaolin sought compensation through legal means, Luo Yanfei, a partner at Guangdong Zhuojian Law Firm, has been acting as his attorney. He told the reporters, \"Xiong Gaolin filed a second lawsuit to seek compensation after the previous lawsuit had been resolved with payment of damages; the court’s final judgment supported his claim. This eliminated the concerns of other workers suffering from pneumoconiosis about filing additional lawsuits after receiving a one-time settlement, as there is no such thing as duplicate lawsuits that courts should reject.\" ” 　　“In fact, pneumoconiosis is currently irreversible from a medical perspective; it continues to worsen until death. Therefore, the remedy for the rights of victims should be **,** and that is such a system. The fact that Xiong Gaolin was granted compensation for the difference in amounts after advancing in severity further confirms the uniqueness of pneumoconiosis as a form of ongoing tortious damage; that is, if Xiong Gaolin’s condition worsens and his severity level increases over time, he can still claim compensation for the difference in amounts, throughout his life. ”