Chapter 242: Claims are not easy
Here Liu Qiang Wushan Yunyu, over there Deng Mingzhi hurriedly called Li Chao, and said in a hurried tone: "Lawyer Li, we went to the Labor Bureau, and the Labor Bureau took us to Hongan Food Company to negotiate. Pen @ fun @ pavilion wWw. ļ½ļ½ļ½Uļ½Eć ļ½ļ½ļ½ļ½
But Liu Qiang, the boss of Hongan Company, avoided it, the company bit it to death and didn't pay, and the hospital has been urging payment now, what do you say I should do? ā
Li Chao asked: "How did the Labor Bureau negotiate with Hongan Company?" ā
Deng Mingzhi replied: "The Labor Bureau asked Hongan Company to pay for the medical expenses first, but Hongan Company always said that the boss was not there, and they could not call the shots.
He also said that the company had no money, and even if the company lost money, it would have to go through legal procedures, and the court would pay as much as they could, and now they will not pay a penny.
"What is this going to do? The company didn't pay a penny, my dad was still in the rescue, and the hospital urged us to pay the medical bills. The medical expenses have been paid more than 20,000 yuan, but there is still a gap of more than 10,000 yuan. ā
"Don't worry, there is no endless road, which hospital is your father treated in?" After greeting the address, Li Chao drove directly to Hospital X.
Got off the bus in the hospital and strode to the door of the intensive care room, Li Chao took a look inside, a thin and pale patient with a breathing mask, lying unconscious on the hospital bed, hanging needles high, a little bit of liquid medicine dripping down as if hitting people's hearts, the instrument to measure heartbeat and blood pressure was dripping, as if it was the violent sound of fighting with death.
Deng Mingzhi choked up and cried on the side, and said bitterly and angrily: "Superman lawyer, what do you say, my father is anxious to use the money, but ...... But...... That damn Hongan company won't come out at all! ā
Li Chao gently patted Deng Mingming's shoulder and comforted him softly: "Don't worry, if they should come out, they won't be able to run." ā
Then, Li Chao took Deng Mingming's arm and walked forward with him, saying as he walked: "Let's go, let's pay the medical bills." ā
Deng Mingming looked back at Li Chao hesitantly. Zhiwu said: "I ...... I have no money. ā
Li Chao said arrogantly: "Life comes first, saving people is important, I will pay this 10,000 yuan first." ā
Deng Mingzhi looked surprised, was so moved that he waved his hand again and again, and said loudly: "How can this work, Superman lawyer, how can I ask for your money." If you come to help, I'll ......."
Li Chao interrupted Deng Mingming's words and said, "Don't be long-winded, your father needs money for first aid now, what are you talking about." Won't you just pay back the money in the future? ā
said. Li Chao undoubtedly took Deng Mingzhi to the payment window. Deng Mingzhi watched Li Chao lean over and hand over the medical card and bank card to the window, and couldn't help but shed tears.
Li Chao had just paid the fee, and when he turned around and saw Deng Mingming with tears in his eyes, Li Chao smiled lightly and said, "Mingming, don't worry, your father will be fine." ā
Deng Mingzhi couldn't help but cry, and Li Chao hurriedly stepped forward to comfort him. After a while, Deng Mingming controlled his emotions a little, and he raised his head. looked at Li Chao with teary eyes, and said with a sob: "Superman lawyer...... I...... I used to think...... Shenpeng people...... People are cold, but ...... But when I met you today, I felt ...... The heart is warm. ā
"People always have a low point. Life will inevitably encounter setbacks, but as long as you get through it, it's fine. Speaking of which, Li Chao's eyes had a strong sense of confidence.
Li Chao's optimism and self-confidence infected Deng Mingming, and he slowly controlled the anxiety and helplessness in his heart. Expectantly asked, "Lawyer Superman, Hongan Company is ignoring it, what should I do?" ā
Li Chao said affirmatively: "Your dad had a stroke during working hours. Hongan Food Company ignored it, which does not make sense either in terms of reason or law. ā
Deng Mingming's eyes lit up and asked: "Superman lawyer, didn't you say that my dad became ill due to his own reasons, and if he recovered, the company should not be liable for compensation." ā
Li Chao nodded and said, "If your father recovers, Hongan Food Company does not need to bear the liability for compensation." However, according to the principle of fairness, the company still has to pay the compensation liability, which means that the company should still pay part of the expenses. ā
Deng Mingming's face soothed a little when he heard this, and a penny was difficult for a hero. Now my father suddenly fell ill, and every coin in the family was used. If the company doesn't take a little responsibility, he doesn't know how to survive.
Deng Mingzhi hurriedly asked: "Then according to the compensation liability, how much should the company compensate?" ā
Looking at Deng Mingming's anxious and expectant expression, Li Chao exhaled lightly, and a sudden illness broke the happiness of a family.
Li Chao replied truthfully: "The liability for compensation is much lighter than the liability for compensation, and the general compensation ratio will not exceed 30%. ā
Deng Mingming's originally soothing face couldn't help twitching, the compensation liability was so small, that is to say, it cost 100,000 yuan, and it was less than 30,000 yuan.
Deng Mingming asked unwillingly: "If it is a work-related injury, how much should the company compensate?" ā
"Naturally, work-related injuries are compensated in full, and the amount of compensation is also larger."
Deng Mingzhi was like grasping a life-saving straw, and asked hurriedly: "My dad survived, is there a way to count it as a work injury?" ā
Li Chao thought for a moment, and finally said: "This judicial practice is more difficult, but you can also try to identify work-related injuries." ā
Hearing the word "try", Deng Mingming's eyes were a little dim.
Li Chao saw that Deng Mingming's expression was down, and encouraged: "Don't worry, no matter what, it is reasonable for Hongan Company to come up with medical expenses first." Tomorrow, I will accompany you to Hongan Company to negotiate, and I must make concessions to them. ā
Deng Mingming smiled bitterly and whispered, "Thank you, Lawyer Li." ā
The two talked and walked to the door of Deng Laohan's ward, when the doctors came to treat them.
The medical bills were paid, and the doctor checked and tested again, and then prescribed new medicines.
After Li Chao ran with him, under Deng Mingming's repeated urging, Li Chao left the hospital at ten o'clock in the evening, and told Deng Mingzhi to call at any time if he needed help.
Li Chao walked out of the hospital, took a breath of the cold air in the middle of the night, the cold feeling filled the heart and lungs, Deng Mingming's father had a stroke due to illness, and stroke patients would generally have sequelae even if they survived, and there was no compensation, so the future would be sad.
In the corridor of the hospital, Deng Mingming walked back and forth with a cigarette in his mouth, inhaling fiercely with a gloomy face, and the thick smoke drifted above his head, looking like a large dark cloud above his head.
Deng Mingming looked up at the electronic display of the nurses' station with complicated eyes, which displayed the bright red number "23:00".
It's been 24 hours, Deng Mingzhi let out a long sigh, glanced at his father, who was still unconscious in the intensive care room, gritted his teeth and walked to the doctor's duty room as if he had made up his mind.
This night. A lot of people don't sleep well.
The next day, Li Chao began to prepare early in the morning, he had to take Deng Mingzhi to the Labor Bureau today to report the situation, and he also had to negotiate with Hongan Food Company, and strive to get Hongan Company to come up with medical expenses, which was not an easy job.
It is expected to be a big battle, Li Chao thought about preparing for various scenarios that may arise.
Just as Li Chao was packing up his things and preparing to leave, Li Chao's mobile phone rang urgently.
Li Chao saw that it was Deng Mingming's call, and his heart skipped a beat. Calling so early, it can't be something wrong, right?
"Hey, wise, morning. Can I help you? ā
Sure enough, Deng Mingming's crying voice came from there, "Superman lawyer, it's not good, my dad has passed the early morning." ā
"What!" Li Chao Huoran stood up, alas. Deng Laohan didn't survive after all!
Shocked, Li Chao comforted: "By the way, people can't be resurrected after death!" ā
After a period of appeasement, Deng Mingming's mood calmed down a little. Then he asked, "Lawyer Superman, my dad left like this, and I also called the company to inform me, but the company didn't pay attention to me at all." What should I do? ā
Hongan Company and the company's boss Liu Qiang are really not things, Deng Laohan died of a sudden illness for the company's warehouse, which is a proper work injury. At this time, I still want to evade responsibility. It's really a bad character.
Li Chao immediately said angrily: "It's okay, Hongan Company wants to evade responsibility, and the law will not allow it!" I'll come right over and we'll meet and talk about it. ā
Hanging up the phone, Li Chao drove directly to the hospital.
After not seeing him overnight, Deng Mingming was a lot haggard, his hair was fluffy, his eyes were red and swollen with a little tear stains, and the whole person was so sad that he lost his appearance.
Seeing Li Chao, Deng Mingming burst into tears before speaking, "Woo...... Superman Lawyer ......"
Li Chao comforted for a while, "Mourning, people can't be resurrected after death." Life has to go on, let's look at the point. ā
"Woo woo...... Deng Mingzhi cried bitterly before he reduced his crying and choked up: "Superman lawyer, I'...... I didn't even think my dad would leave at once, woo......"
Li Chao asked softly, "When did your father leave?" ā
"Woo...... At three o'clock this morning, my dad ...... Suddenly I was breathing ...... worse, I went to the doctor, and the doctor rescued me...... Breathing became a little more normal, but ...... But at four o'clock, I suddenly gasped...... I couldn't breathe, so that's it...... That's ......"
Saying that, Deng Mingming burst into tears again.
After asking about the situation, Li Chao said calmly: "Now that the person is gone, you don't have to think about anything else, just do the work-related injury compensation as soon as possible." ā
Deng Mingzhi wiped his tears and nodded, looked at Li Chao pitifully and said, "Superman lawyer, this is going to trouble you." ā
Li Chao didn't shirk either, and asked directly: "Has Hongan Company bought work-related injury insurance for your father?" ā
Deng Mingzhi shook his head and said, "I don't know." ā
Deng Mingming didn't know the situation, and Hongan Company didn't care at all.
According to the law, enterprises are required to purchase work-related injury insurance for their employees. In the event of a work-related injury, as long as the company reports to the labor and social security department in charge of work-related injury insurance in its jurisdiction and applies for work-related injury identification, the labor department can compensate for work-related injury insurance in accordance with the corresponding regulations.
If the company buys work-related injury insurance, the loss will be fully compensated by the work-related injury insurance, and it will not cost the company a dime at all.
But Hongan Company is so mean, people have passed, and they still don't ask, and they don't say whether they have bought work-related injury insurance, which is too chilling.
Li Chao immediately decided, "You don't know, and the company doesn't care, so let's go directly to the labor department to apply for a work-related injury determination." I hope Hongan Company helped your dad buy work-related injury insurance, so that the claim will be smoother. ā
Deng Mingming asked puzzledly: "Superman lawyer, does it make any difference whether you buy work-related injury insurance or not?" ā
Li Chao explained: "It is an obligation of the law for enterprises to buy work-related injury insurance for their employees. However, in order to reduce costs, many companies often evade legal responsibilities and do not buy insurance for their employees.
If you have work-related injury insurance, you can claim the loss from the insurance. If you don't buy it, you have to claim compensation from the company. Looking at the attitude of Hongan Company, if you want to claim compensation from them, the company will definitely try to extend the procedure, and you don't want to get compensation for more than a year. ā
Deng Zhizhi immediately exclaimed: "Ah! It's going to take more than a year, and this won't toss people to death?! ā
The cause of action in this case is called a labor dispute.
In labor dispute cases, the state stipulates that the acceptance fee for such cases is only 10 yuan for the purpose of protecting the rights and interests of the victims, reducing the burden on the parties, and facilitating the litigation of the parties.
However, in practice, although this provision is convenient for some victims and protects vulnerable groups to a certain extent, it is more often created by enterprises and has become a good way for enterprises to deal with victims.
Labor dispute cases must be arbitrated first, and the arbitration award is generally made within 45 days.
and the arbitration award for damages. The company will file a lawsuit with the court within the 15-day time limit for filing a lawsuit.
Because the litigation fee is so cheap, the company only needs to pay ten yuan to file a lawsuit.
In such a delay, even if the court upholds the arbitration, it will delay the time to settle the claim, and the interest during this period will exceed 10 yuan. The company is not stupid, so it sees that the litigation fee is low and goes to sue.
However, the time limit for the trial of the first-instance judgment is six months under the ordinary procedure, so that the delay from arbitration to the first-instance judgment can be eight months.
After getting the first-instance judgment, regardless of the judgment, the enterprise continues to appeal to the Intermediate People's Court within the 15-day appeal period, and the appeal fee is 10 yuan anyway.
The trial time limit for the second instance is another three months. In this way, it will take nearly eleven and a half months from arbitration to award.
After finally completing the procedure, the victim was still too happy to be happy, and the enterprise still did not fulfill its obligations under the legal documents, forcing the parties to apply for compulsory enforcement.
After the parties apply for enforcement, the company will put pressure on the enforcement judge and try to drag on the victim to give in.
It is through this method that many enterprises drag the victim out of temper at the cost of a total of 20 yuan in litigation fees in the first and second instances, and can only bow to the enterprise and make substantial concessions just to get some money as soon as possible.
Li Chao reassured: "The top priority is to go to the Labor and Social Security Bureau to ask Hongan whether the company has bought work-related injury insurance for your father, and wait until the situation is verified." ā
Deng Mingzhi looked sad and followed Li Chao into the car. Li Chao drove directly to the Pengda Labor and Social Security Bureau in the area where Hongan Company was located.
When they arrived at the Pengda Labor and Social Security Bureau, Li Chao and Deng Zhiming hurriedly went to the Social Security Department to inquire about Deng Laohan's work-related injury insurance payment.
The staff opened the interface of the internal software system and began to query, and Deng Mingming stared nervously at the computer screen.
After a few clicks, the staff replied, "After our inquiry, Deng Xugen has no record of work-related injury insurance payment." ā
Deng Xugen is Deng Zhiming's father, as soon as he heard the staff's words, Deng Mingming's originally stretched neck shrank back, and the whole person curled up, with a depressed face.
Hongan Company is really not a thing, it really didn't buy work-related injury insurance for Deng Laohan, no wonder he put on a tough posture of not cooperating, it turned out that he was afraid that Deng Mingzhi would claim compensation from their company, this is a decision not to lose money.
Liu Qiang, as the CEO of Hongan Company, Li Chao saw his shamelessness as early as the case of acting for the right to sacrifice, and now he understands his unbearable character.
Deng Mingzhi was anxious, he looked at Li Chao nervously, and asked excitedly, "Superman lawyer, what should I do now?" (To be continued.) )
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