Pneumoconiosis miners get 210000 compensation through court mediation

After one year of coal mining, he suffered from pneumoconiosis and was dismissed. The victim’s huge claim was rejected. The judge tried his best to mediate and finally reconcile. Recently, the third civil trial division of Dachuan District Court of Dazhou city combined the mass line with the actual trial of the court, and successfully resolved a dispute over the treatment of industrial injury insurance. 1t helped pneumoconiosis workers obtain a compensation of 210000 yuan in accordance with the law, and achieved new results in serving the people

according to the investigation, Luo from Pingtan Township, Dachuan district went to Pingtan Township in April 2011 to engage in excavation work. He was found to have suspected occupational diseases in the routine physical examination in May 2012 and was dismissed. After that, Luo arrived at the Central Hospital of Dazhou, West China Hospital and Dazhou Center for Disease Control and prevention, and was diagnosed as coal worker’s pneumoconiosis phase 11, and was recognized as grade 1V injury by relevant labor departments. Luo made a claim to the original coal mine for compensation of more than 460000 yuan, including wages for work stoppage, disability allowance and other expenses, but the coal mine refused to make compensation on the ground of no money. 1n order to protect their legitimate rights and interests in accordance with the law, Luo had no choice but to take Pingtan township coal mine to court

it is found that Luo was found suffering from pneumoconiosis occupational disease after working in Pingtan township coal mine for one year, which was identified as work-related injury and should be compensated according to the law. However, the actual situation is that Pingtan township coal mine is closed by Dachuan district government. Now it has stopped production and has no repayment ability. 1n order to really help the victims to get due compensation in accordance with the law, the undertaking judge sacrificed the rest time to interview the plaintiff and the defendant, especially with the coal mine side for many times of communication and exchange of opinions. On the one hand, let the defendant truly understand the serious consequences of Luo’s illness and the huge losses caused to his family. On the other hand, explain the labor contract law, occupational disease prevention regulations, tort liability law and other relevant legal provisions to the defendant. Through such understanding, persuasion with emotion, persuasion with reason and warning with law, Finally, the defendant nodded and agreed to compensate Luo’s loss< However, the problem before the judge and both parties has not been solved, because Pingtan coal mine is closed by the government, so it has no compensation capacity at present. 1n view of this, the judge in charge finally suggested that the plaintiff and his agent should make a list of compensation, so as to promote the two parties to reach a consensus on the amount of compensation, and agree that the government's compensation for coal mine closure should be used to compensate Luo's loss on June 18, 2014, under the mediation of the judge for more than four hours, the two sides finally reached a consensus through equal communication and negotiation: the coal mine side voluntarily compensated the plaintiff Luo for various losses, totaling 210000 yuan. The two sides reached a mediation agreement, let Luo has been frowning face finally see a light and smile. So far, less than a month has passed since the case was put on file and the trial was concluded. The third people’s Court of Dachuan district successfully mediated this labor dispute case with high risks of repeated tangled lawsuits and letters and visits, which maximally protected the legitimate rights and interests of both parties, greatly reduced the litigation costs of the parties, and received excellent social and legal effects, Further highlights the Dachuan District Court fair justice, justice for the people, close to the masses, serving the masses of a good judicial image our website solemnly declares that this article is reprinted by network media, only representing the author’s point of view, and has nothing to do with our 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

Back to list