Injuries caused by "odd jobs" are difficult to safeguard rights, and the procuratorial organ supports the prosecution and obtains compensation
2022-10-20
Not long ago, with the judge knocking down the trial mallet, Master Li's appeal was finally supported by the court. The court decided that the defendant Shanghai Packaging Materials Co., Ltd. (hereinafter referred to as "Packaging Materials Company") should bear the liability for personal damage to Master Li, and compensate Master Li for medical expenses, lost time expenses and other expenses arising from injuries. Although the good news of winning the lawsuit finally came, in the past three years, Master Li has not been able to take this road to protect his rights easily. On June 4, 2019, Mr. Li, introduced by his neighbor Mr. Wang, went to the packaging materials company to do odd jobs, and was engaged in wall demolition. During the construction, the wall suddenly fell down, resulting in a comminuted fracture of Master Li's left foot. After the incident, Mr. Zhang, the legal representative of the packaging materials company, sent Mr. Li to the hospital and paid the outpatient medical expenses, but the company did not pay the follow-up medical expenses, and the two parties could not reach an agreement on compensation. Since then, Master Li reported the injury to the police station. The public security organ replied that it was a civil damage compensation dispute, and the public security organ could not file the case. Due to the high cost of follow-up surgery and treatment, considering the economic burden, Master Li can only go back to his hometown for treatment and bear the medical expenses by himself. In October 2021, Mr. Li, who has recovered, intends to file a civil lawsuit with the Fengxian District Court in Shanghai, demanding that the packaging material company bear the liability for compensation. However, for the key evidence required for the collection of prosecution - the accident investigation materials of the administrative supervision department and the testimony of the relevant witnesses, Master Li was "unable to start" because of his lack of legal knowledge and economic difficulties, and the process of civil litigation was therefore stalled. After several turns, Master Li learned that the procuratorial organ has the function of supporting prosecution, so he went to Fengxian District Procuratorate to apply for civil support prosecution. After receiving the application materials of Master Li, the prosecutor of the Fifth Procuratorate of Fengxian District Procuratorate assisted Master Li in sorting out the facts of the case and fixing the evidence. At the same time, the hospital exercised the right of investigation and verification in accordance with the law and helped Master Li coordinate with the administrative authorities to obtain the inquiry records of the accident investigation. During the investigation, the prosecutor found that the cause of the incident in the transcript was inconsistent with the statement of Master Li. To further verify the situation, the prosecutor found the introducer at that time, Master Wang, to make a record of the inquiry. After finding out the cause of the accident, the Fengxian District Procuratorate believed that, according to the law, the employer should bear the liability for compensation if the employee suffers personal damage in employment activities. If Master Li is employed by a packaging material company and suffers from personal damage during his employment, the company should bear the corresponding responsibility according to his fault, and Master Li has the right to claim compensation for personal damage. As a migrant worker, Master Li has weak litigation ability after suffering personal injury. The court decided to support his prosecution and issued a supporting opinion to the court. After the trial, the court adopted the evidence submitted by Master Li, and the relevant evidence materials provided by Fengxian District Procuratorate were adopted after the court trial and cross examination. Finally, it determined that the packaging material company should bear the liability for compensation, and Master Li's appeal was supported by the court. In recent years, among migrant workers, it is not rare to ask for labor remuneration, social insurance benefits, or sue for compensation after suffering personal injury, or to be unable to legally protect their rights. As a third party that has no interest in the outcome of civil proceedings,
Edit：Yi Bing Responsible editor：Wei Li Bin
Source：The Procuratorate Daily
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