Injured at work paraplegic, life fell to the bottom, and the gloomy days made Pan's family almost hopeless. With the joint efforts of prosecutors and judges, things took a turn for the better.
Recently, at the Kaili City Procuratorate in Guizhou Province, Pan's daughter Xiao Pan expressed her deep gratitude to the prosecutor who undertook the case.
An accident caused a dispute over the determination of work-related injuries.
Pan is a party to an administrative dispute case for the determination of work-related injuries handled by the Kaili Municipal Procuratorate, and his experience began five years ago.
On December 5, 2018, when Pan was engaged in line engineering operations in a village in Liping County, Guizhou Province, he was unfortunately injured by a cement pole. After judicial appraisal, Pan's injuries were assessed as first-class disability. During Pan's hospitalization, Yuren Company, which hired him, paid 210,000 yuan in advance for medical expenses, but did not pay other expenses. Due to the high cost of the later stage, Pan's family borrowed money everywhere.
In order to claim work-related injury compensation, Pan's family applied to the Human Resources and Social Security Bureau for a work-related injury determination. Because Yuren Company was transferring the contracted line project to Tongfu Company, the Human Resources and Social Security Bureau issued the "Decision on Determination of Work-related Injury", taking Tongfu Company as the employer and determining that the injury suffered by Pan was a work-related injury. Tongfu Company believed that Yuren Company had signed a labor service agreement with Pan, and the employer should be Yuren Company, so it filed an application for reconsideration. During the reconsideration period, the Human Resources and Social Security Bureau revoked the decision on the determination of work-related injuries on the grounds that the employing entity had applied it incorrectly, and the review of the administrative reconsideration was terminated immediately.
Pan was dissatisfied with the revocation decision made by the Human Resources and Social Security Bureau and filed an administrative lawsuit on October 9, 2020. On December 2 of the same year, the court rejected Pan's claim on the grounds that the original work-related injury determination decision made by the Human Resources and Social Security Bureau was procedurally illegal and the decision to revoke the work-related injury determination was correct. Pan was not satisfied, and his application for retrial was also rejected, so he applied to the Kaili City Procuratorate for supervision.
Procuratorial supervision ascertains the truth.
After accepting the case, the prosecutor of the Kaili Municipal Procuratorate reviewed the court's original trial file materials and work-related injury identification materials; questioned the person in charge of Tongfu Company handling Pan's matter, the main person in charge of Yuren Company, and Pan's relevant witnesses; went to Pan's home to learn about his recovery from his injuries and the current situation of his family life; Held a symposium with the Human Resources and Social Security Bureau to discuss the difficulties and solutions in the identification of Pan's work-related injury.
The prosecutor verifies the situation with the personnel of the enterprise.
After investigation, the procurator found that Yuren Company had not yet been formally registered when it contracted the line project in a village in Liping County to Tongfu Company, so it did not have the qualifications to work as an employee. After Pan was injured in the operation, in order to evade responsibility, the general service company required Yuren Company to sign a labor agreement with Pan under the pretext of the need to handle work-related injury compensation procedures, and backdated the time to after the establishment of Yuren Company and before Pan was injured, creating the false impression that Yuren Company had the qualifications of a legal employment entity. In the process of handling the case of Pan's work-related injury determination, the Human Resources and Social Security Bureau did not serve a notice of proof to the general service company, and there were situations such as procedural violations and unclear facts. Therefore, during the reconsideration period, the Human Resources and Social Security Bureau realized that the original work-related injury determination decision was wrong and took the initiative to revoke it, which was a self-correction behavior. After reviewing all the evidence in the case, the prosecutor believed that the original trial court's judgment found that the decision of the Human Resources and Social Security Bureau to revoke the determination of work-related injuries was correct, the reasoning was sufficient, the application of law was accurate, and the judgment was appropriate, so it made a decision not to support Pan's application for supervision on March 21, 2022, and explained in detail the reasons for not supporting supervision to Pan and Pan's family, which was recognized by Pan and his family.
The two courts cooperated across provinces to facilitate reconciliation.
In view of the legitimacy of Pan's claim for work-related injury insurance benefits, the Kaili Municipal Procuratorate focused on the dispute resolution of the case, and continued to carry out the substantive resolution of administrative disputes after making a decision not to support the supervision application.
In response to the problems existing in the identification of work-related injuries by the Human Resources and Social Security Bureau, the Kaili Municipal Procuratorate issued a procuratorial suggestion to the Bureau. After receiving the procuratorial suggestion, the Human Resources and Social Security Bureau attached great importance to it and took effective measures to rectify it.
Due to the cumbersome and long procedures for the determination of work-related injuries, in order to protect Pan's legitimate rights and interests to the greatest extent, under the guidance of the Kaili Municipal Procuratorate, in April 2022, Pan's family filed a civil lawsuit with the Hecheng District Court of Huaihua City, Hunan Province, where Yuren Company is registered, and listed Yuren Company and Tongfu Company as defendants. After accepting the case, the Hecheng District Court took the initiative to communicate with the Kaili Municipal Procuratorate, and the two sides decided to cooperate closely: the Kaili Municipal Procuratorate was responsible for verifying the authenticity of the labor service agreement signed between Yuren Company and Pan, and carrying out the work of explaining the law and reasoning to Tongfu Company, Pan and their families; The Hecheng District People's Court is responsible for re-conducting a judicial appraisal of Pan's injuries and clarifying the legal provisions to Yuren Company. The two parties exchanged views in a timely manner and discussed the next working methods, formed a joint force to resolve the dispute, and successfully facilitated the two parties to reach a mediation agreement.
On May 24, 2023, the Hecheng District Court issued a civil mediation letter, and Tongfu Company and Yuren Company jointly paid Pan 1.32 million yuan in compensation for work-related injuries. After the civil mediation agreement came into effect, Tongfu Company and Yuren Company failed to pay the corresponding amount for a long time. The procuratorate promptly followed up and supervised the implementation of the mediation agreement and the payment of compensation, and explained the law and reasoning to Tongfu Company and Yuren Company many times. The two companies later actively raised funds and paid 1.32 million yuan in work-related injury compensation to Pan. (The name of the company in the article has been changed).