How To Find Suitable Rights Protection For Workers Injured

Xiao Luo, a migrant worker, took his wife and sent him a banner to Zhang Zhilei, Du Weihe, director of the legal aid workstation in Chengdu, Sichuan. He thanked the lawyer for safeguarding his rights.

In June 15, 2015, a small compass worker introduced to a construction site built by a building decoration Limited by Share Ltd in Shenzhen, engaged in hydroelectric work, and did not sign a written labor contract with the company. The team leader and his agreed monthly salary were 6000 yuan, and worked 22 days a month.

In July 12th of the same year, Ronaldinho fell from a ladder on the construction site, and was hospitalized for head injury. The company paid a medical fee of about 310 thousand yuan, but he did not pay for other compensation.

Ronaldinho

It was decided that the labor relations should be confirmed first by the local labor arbitration commission, and the Arbitration Commission supported Ronaldinho's request.

However, the company refused to accept the ruling and filed a lawsuit with the local people's court.

Just now, Ronaldinho, who did not know much about law, was at a loss. He came to Sichuan Chengdu migrant worker's legal aid workstation for help.

The station quickly applied for legal aid to Xiao Luo, and decided to lead Zhang Zhilei, director Du Wei, to take the case.

"Now, I sit in a wheelchair every day, unable to work, and there is no source of income at home, and life is in trouble!" asked Ronaldinho, who was in a wheelchair. He asked Du Wei for help. He hoped to negotiate with the company and get it as soon as possible.

In order to solve urgent problems.

Immediately, Du Wei and Zhang Zhilei found the head of the company to negotiate, but failed to reach an agreement on compensation standards and compensation amount for the first time.

"We won't give up without compensation," said Du Wei, while appeasing Xiao Luo's emotions and collecting relevant evidence to prepare for the court.

After the trial, Du Wei repeatedly communicated with the head of the company, with a sense of reason, and with emotion, he finally reached a conciliation agreement: a lump sum compensation of 200 thousand yuan according to the industrial injury standard, and a conciliation statement was issued by the people's court.

Du Wei said that at present, there are a large number of compensation problems for migrant workers who are injured in the construction field, which involves many procedures and long rights protection.

In this case, he put forward three reliable ways to safeguard the rights of migrant workers: first, according to the "

"The interpretation of personal injury compensation" chooses the way of personal injury compensation, that is, the prosecution of contractors and construction enterprises, requesting the two party to bear joint and several liability for personal injury; and two, the option of work-related injury compensation, that is, the application of labor arbitration to confirm the existence of real labor relations between construction enterprises and the construction enterprises. After obtaining effective legal documents, they shall apply for a work-related injury according to law, and then ask for compensation for construction enterprises' work-related injuries; three, direct prosecution of construction enterprises, and request construction enterprises to make compensation according to the relevant provisions of the industrial injury Insurance Ordinance, and the Contractor shall be jointly liable for damages.