After only half a year, Chen got silicosis due to long-term exposure to dust. The labor dispute arbitration commission ruled that the employer should pay 230000 yuan. However, the employer sued Zhouning county court for rejecting the labor arbitration on the ground that Chen’s work injury was not caused by his company
recently, after mediation by the people’s Court of Zhouning County, Fujian Province, the two sides reached a compensation agreement, in which the employer will pay more than 100000 yuan to the employee Chen
the judge reminded: when selecting employees for high-risk positions of occupational diseases, the enterprise should list the occupational disease examination of the entry personnel as one of the key physical examination items, so as to avoid unnecessary disputes< 1n April 2011, Chen, born in 1979, went to work in a mining company in Zhouning County, mainly engaged in drilling work, on the premise of having no occupational health examination by a qualified unit. Both parties have not signed a written labor contract, but it has become a real labor relationship according to Chen, he was often exposed to dust when he was working as a driller in the employer. After working for half a year, Chen began to feel unwell and left the employer. On February 20, 2012, he was diagnosed as stage 1 silicosis and bilateral pneumothorax by Fujian Provincial occupational disease prevention and control hospital< On May 27, 2012, Ningde Municipal Bureau of human resources and social security made a decision on Chen's work-related injury, confirming that Chen's silicosis stage 1 was a work-related injury, which constituted a level 6 disability. Therefore, Chen asked a mining company in Zhouning, an employer, to pay medical expenses, disability allowance, work-related injury medical allowance and employment allowance. After arbitration by Zhouning county labor dispute arbitration committee, it was awarded that a mining company in Zhouning should pay a total of more than 230000 yuan to Chen it is understood that Chen worked in a mining company in Shanghang, Fujian Province from 1997 to 2003, in a mining company in Wuping County, Fujian Province from 2004 to 2007, in a mining company in Huangshan City, Anhui Province in 2008, and in a mining company in wutubulake, Xinjiang from September 2010 to January 2011, No occupational health examination was conducted when Chen and the mining company terminated the labor relationship the company your occupational disease is not caused by me the company has different views on the arbitration results of the labor dispute arbitration commission. The company believes that Chen’s illness was not formed after his employment, so it refuses to pay the loss claimed by Chen subsequently, the mining company sued Zhouning county court for rejecting the above labor arbitration on the ground that Chen had suffered from stage 1 silicosis before working in his company and that Chen’s work injury was not caused during his working in his company “Mr. Chen had been exposed to dust for a long time before he joined the company, so it is reasonable to suspect that he entered the company with illness.” The company believes that Chen did not truthfully tell his past medical history before he came to the company. Knowing that he could not engage in dust exposure work, in order to get compensation for his diseases, he continued to work in mines where he was prone to occupational diseases. The factual labor relationship formed by concealing the facts is invalid. Therefore, the company requests to reject Chen’s claim for compensation however, after a mining company in Zhouning applied to identify whether Chen had stage 1 silicosis before he came to work in the company, the relevant departments could not make a successful conclusion on the fact. As a result, the company also claimed that silicosis phase 1 could not be formed in a short period of time without paying various subsidies to Chen focus When did the laborer get occupational disease the fact of the dispute in this case occurred before the amendment of the law of the people’s Republic of China on the prevention and control of occupational diseases. According to the law at that time, the laborer was diagnosed with occupational disease, but the employer did not participate in the social insurance for work-related injury according to law, The medical and living security shall be undertaken by the last employer; The last employer has evidence to prove that the occupational disease is caused by the occupational hazards of the previous employer, which shall be borne by the previous employer the judge handling the case said that if a mining company in Zhouning county wants to exempt itself from the responsibility, it has to prove that Chen’s occupational disease was caused by the occupational hazards of the previous employer. However, the company failed to carry out occupational health examination on Chen before he took up his post. Therefore, although Chen had a long history of dust exposure before he entered the enterprise, However, it is difficult to prove that Chen had suffered from occupational disease before he worked in the company, so there was a dispute in this case the judge who undertook the case told the reporter that after the amendment of the law of the people’s Republic of China on the prevention and control of occupational diseases on December 31, 2011, the above provisions were amended as follows: if the employee is diagnosed with occupational diseases, but the employer does not participate in the work-related injury insurance according to law, the medical and living security shall be borne by the employer. That is to say, whether the employer can prove that the occupational disease of the laborer is caused by the occupational disease hazards of the previous employer will no longer be taken as the reason for whether the employer can be exempted from liability finally, under the patient mediation of the judge for many times, the two sides finally reached a settlement agreement out of court, and the employer paid more than 100000 yuan of various subsidies to Chen. The dispute between the two sides was settled the judge should pay attention to the occupational disease examination in the entry physical examination occupational disease refers to the diseases caused by the workers of enterprises, institutions and individual economic organizations in their occupational activities due to exposure to dust, radioactive substances and other toxic and harmful factors< According to the law of the people's Republic of China on the prevention and control of occupational diseases, the employer shall, in accordance with the provisions of the work safety supervision and Administration Department of the State Council and the administrative department of health, organize the occupational health examination before, during and after work, and inform the workers of the examination results in writing. The employer shall not arrange the workers who have not undergone the pre job occupational health examination to engage in the operations exposed to occupational hazards; Workers with occupational taboos shall not be arranged to engage in their taboo operations. " “as an employer, before recruiting personnel, it is necessary to conduct occupational health examination on the recruited personnel, which is not only responsible for the workers, but also related to the obligations and responsibilities of the employer.” The judge in charge said that for the employers themselves, to prevent the risk of bearing the responsibility, they should strictly abide by the provisions of the law, organize the occupational health inspection before, during and after work according to the provisions of the work safety supervision and Administration Department of the State Council and the administrative department of health, and inform the workers in writing of the inspection results for the workers, if the workers have suffered from occupational diseases before they work in the employer, through the pre job occupational health examination, the workers can know that they have suffered from occupational diseases in the former employer, and can claim the legitimate rights and interests from the former employer in time, so as to control and treat the disease in time, 1n order to avoid workers engaging in their taboo operations term explanation Occupational Hazards Occupational Hazards refer to various hazards that may cause occupational diseases to workers engaged in occupational activities. Occupational hazard factors include: all kinds of harmful chemical, physical and biological factors existing in occupational activities, as well as other occupational hazards in the process of operation Occupational taboo Occupational taboo refers to that when workers engage in a specific occupation or are exposed to specific occupational hazard factors, they are more likely to suffer from occupational hazards and occupational diseases than general occupational groups, or may lead to the aggravation of their own diseases, Or the special physiological or pathological state of the individual that may lead to diseases that may pose a risk to the life and health of others 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