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Diesel Generator | Diesel Generator Price / 2010-08-22
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Who is "paying" when the company writes off workers?
Who is "paying" when the company writes off workers?
The migrant worker Li worked in a company in Zhenjiang and unfortunately suffered a work injury that constituted a level 7 disability, but the company was written off during its claim. Who pays for work-related injuries? Yesterday, the reporter learned from Zhenjiang Jingkou Court that Li’s work-injury claim finally had satisfactory results recently. The Zhenjiang Intermediate People’s Court finally decided that the two shareholders of the company should pay more than RMB 140,000 within the liquidation assets. .
The company was canceled when it was running for work injury treatment
The 46-year-old Li, entered the work of Zhenjiang Foundry Co., Ltd. in 2008. The company did not sign a written labor contract with him, nor did he handle work-related injury insurance for him. On the morning of November 15, 2008, Lee was injured by an object during work, falling from a height and falling on the ground. On December 19th of that year, Zhenjiang Jiangbin Hospital diagnosed Lee's left frontal lobe brain contusion, face facial contusion, and left optic nerve contusion. In June last year, Jingkou District, Zhenjiang City, Labor and Social Security Bureau verified the investigation and confirmed that Li had formed a work-related injury. On July 15th, according to the labor ability appraisal of the Zhenjiang City Labor Accreditation Committee, Lee had a work-related injury and disability level of seven. Three months later, the Jiangsu Provincial Labor Accreditation Committee once again determined that the degree of disability caused by Lee was seven.
The judge stated that when Lee and his family ran for their work injury insurance benefits, in December 2009, the foundry material company was canceled. After the liquidation of the company, the net assets were nearly 300,000 yuan. 90% and 10% respectively were allocated. The judge said that people in the company go to the empty building and ask no one but no question. This time, Lee and his family have fallen into the clouds.
The two shareholder defense courts will not accept
The company was canceled. What should be done to work-related injuries for work-related workers? On February 10, 2010, after Lee had applied for arbitration to the Jingkou District Labor Dispute Arbitration Committee of Zhenjiang City, he filed a lawsuit in the Jingkou District Court of Zhenjiang City. In the trial of the case, the two shareholders argued that they had already submitted an administrative reconsideration of Li’s work-injury determination and that the work-related injury assessment had not taken effect. Li’s claim that work injury insurance benefits could not be established. However, as of the end of the trial in this case, the two shareholders failed to provide the corresponding administrative agency to accept the notice of the application for reconsideration and the decision to revoke the original work-related injury determination. Therefore, the court held that its defense was not established and would not be adopted.
When the company is liquidated, it should give priority to paying industrial injury claims
The Jingkou Court held that if an employee of an employing unit fails to participate in the work-related injury insurance, the employing unit shall pay for the work-related injury insurance benefits and the standards stipulated in the Regulations on Work-related Injury Insurance. In view of the company's cancellation in December 2009 and the termination of labor relations between the two parties, the employer should give priority to Li’s economic compensation, one-time disability benefit, disposable disability medical benefit and one-time disability employment grant when liquidating. , Work-related expenses such as wages, medical expenses, labor ability appraisal fees, transportation expenses, etc. Where employers do not pay, the two bosses as shareholders of the company shall bear corresponding liabilities to Lee within the company's liquidation assets.
Regarding the expenses claimed by Li, the court conducted a review and determination in accordance with the law, and finally determined that it included economic compensation, one-time disability allowance, etc., totaling RMB 149,602. According to the court's first-instance judgment in May 2010, the two bosses paid Lee RMB 149,602 within the liquidation assets within 10 days after the judgment came into effect. The two bosses were dissatisfied with the above judgment and reconsidered the application for work-related injuries to the Zhenjiang Intermediate People's Court. The work-related injury determination did not come into effect. Even if the work-related injury was due to an excessive amount of compensation, the appeal was appealed and a change was made according to law.
Zhenjiang Intermediate People's Court held that the two appellants believed that they had applied for an administrative reconsideration of Lee's work-related injury determination and that the work-related injury determination had not taken effect. According to the investigation, the two bosses did not provide the decision of the administrative authority to cancel the original work-injury certification, and Lee’s work-related injury determination is still valid. According to the "Regulations on Industrial Injury Insurance" and other regulations, the original trial made the judgment in this case, which is in accordance with the law. At the same time, although the appellant believes that the amount of partial compensation is high, it does not specify the specific high project and amount. The appeal of the appellant requested that this court not support it and made a final judgment a few days ago: dismissed the appeal and upheld the original verdict.
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