Man’s finger was crushed off at work

Mr. Chen, 28, was injured in two fingers of his right hand when he was working, but the company neither recognized him as a company worker nor applied for work-related injury for him. Finally, the labor relationship was confirmed, and the application for work-related injury was told that it had “exceeded” the legal time limit. What can we do

after taking over the case, tie Yingying, a judge of Zhongyuan District Court of Zhengzhou City, considered the situation, reason and law comprehensively, and finally determined Mr. Chen’s industrial injury claim< Mr. Chen worked in a building materials machinery equipment Co., Ltd. in Zhengzhou before, engaged in machinery manufacturing on May 6, 2011, Mr. Chen’s right hand was accidentally crushed by the running punch, resulting in two fingers broken and a heavy disability. After the incident, the company refused to take responsibility for him on the ground that the two parties did not sign a labor contract, and was not willing to apply for identification of work-related injury for him. 1n March 2012, Mr. Chen applied to the Municipal Bureau of human resources and social security for work-related injury identification. Due to the lack of evidence to prove that he has labor relations with the company, his application was not accepted. 1t was not until March 5 last year that Mr. Chen’s application for arbitration to confirm labor relations was accepted. After arbitration and the first and second instance of the court, Mr. Chen finally got the final judgment confirming that he had a factual labor relationship with the company on November 21 last year. With the effective judgment, Mr. Chen filed an application for identification of work-related injury again, and he was told that his application for work-related injury had exceeded the statutory time limit of one year the opinion of the human resources and social security bureau is that both the time when he applied for work-related injury and the date when his labor relationship was confirmed for arbitration exceed the legal time limit of one year from the date of his accident< 1n the face of the problem, the judge considered the situation, reason and law comprehensively. tie Yingying said: “the regulations on work related injury insurance does stipulate a one-year application period for work related injury identification, but there are also exceptions.” in this case, because there is no strong evidence to prove that Mr. Chen has a labor relationship with the company, the human resources and Social Security Bureau requires Mr. Chen to confirm the labor relationship through arbitration or litigation, which is in line with the law. However, the two sides have different understandings on whether the time limit of work-related injury identification is terminated “the main reason for this difference is that the wording of this clause in the regulations on work related injury insurance is vague, and there is no relevant explanation in the actual application. Different courts have different judgments in similar cases.” Tieyingying explained considering that the original intention of the regulations on industrial injury insurance is to better protect the legitimate rights and interests of employees, moreover, after the first application for identification of industrial injury was rejected, Mr. Chen has been working hard to collect evidence and apply for arbitration and litigation of labor disputes. 1t is actually unfair to him to make a judgment to make him lose. Finally, the court supported Mr. Chen’s claim this article is a reprint of 1nternet media, which only represents the author’s point of view and has nothing to do with this website. 1f the information column articles and comments violate your legal rights, please call to let us know and we will deal with them in time

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