Only six months after taking up the job, because of long-term exposure to dust, Chen had acquired silicosis. The Labor Dispute Arbitration Committee ruled that the employing unit must pay 230,000 yuan. However, the employer used Chen’s work injury not to initiate a lawsuit in the Zhouning County Court on grounds of his company’s work, requesting that the above labor arbitration be rejected.

Recently, after the mediation of the People's Court of Zhouning County in Fujian Province, the two parties reached a compensation agreement and the employer paid Chen’s employee more than 100,000 yuan in compensation.

The judge reminded that when selecting employees for high-risk occupational diseases, the company should list the occupational disease inspection of the in-service personnel as one of the key physical examination items to avoid unnecessary disputes.

The case was

Six months into the service to check out silicosis

In April 2011, Chen, born in 1979, went to work in a mining company in Zhouning County without premise of an occupational health examination by a qualified unit, and was mainly engaged in drilling work. The parties have not signed a written labor contract, but it has become a factual labor relationship.

According to Chen, he often came into contact with dust during the period when the employer worked in the drilling work. After working for six months, Chen began to leave the employer. On February 20th, 2012, he was diagnosed as suffering from silicosis and bilateral pneumothorax by the Fujian Provincial Occupational Disease Prevention and Treatment Center.

Ningde City Bureau of Human Resources and Social Security on May 27, 2012 Chen made a decision on the determination of work-related injuries, identified Chen suffering from work-related injuries during the epilepsy period, has constituted six levels of disability. So Chen asked an employer, Zhou Ning, a mining company to pay medical expenses, disability benefits, medical subsidies for work-related injuries, employment grants, etc., and was arbitrated by the Zhouning County Labor Dispute Arbitration Committee, ruling that Zhou Ning’s mining company should pay Chen The total cost of the project is more than 230,000 yuan.

According to reports, from 1997 to 2003, Chen worked in a mining company in Shanghang, Fujian Province, where he came into contact with dust. He worked in a mining company in Wuping County, Fujian Province from 2004 to 2007. He was exposed to dust in 2008 and was employed in a mine in Huangshan City, Anhui Province in 2008. The company was exposed to dust during work and contacted dust at a mining company in Wububulk, Xinjiang, from September 2010 to January 2011. No occupational health check was conducted between Chen and the above-mentioned mining company when they terminated their labor relations.

the company

Your occupational disease is not caused by me

The company has different opinions on the arbitration result of the labor dispute arbitration committee. The company believes that Chen’s illness was not formed after he took up the job, and therefore he refused to pay Chen’s claim.

Subsequently, the mining company had been suffering from an epidemic period before Chen entered the work of his company. Chen’s work-related injury was not brought to the Zhouning County Court for reasons caused by his company’s work, and asked to reject the above labor arbitration.

“Chen had long been exposed to dust before joining the company, and there are reasons to suspect that he was on duty.” The company believes that Chen did not accurately inform his medical history before his company, and he knew that he could not engage in dust exposure in order to be able to He was compensated for the disease he had suffered, and continued to work in the mines for occupational diseases. The factual labor relationship formed by concealing the facts was ineffective. Therefore, he requested to dismiss Chen’s claim for compensation.

However, after Zhou Ning's mining company applied for an appraisal of the fact that Chen had been suffering from a period of silicosis prior to his work at the company, the relevant authorities could not make a successful conclusion on the facts. Therefore, the company also claimed that it was not possible to pay the subsidies to Chen in the short term due to the fact that it was not possible to form the disease in the short term.

focus

When laborers suffer from occupational diseases

The facts of the dispute in this case occurred before the amendment of the Law of the People's Republic of China on Prevention and Control of Occupational Diseases. According to the laws of the time, workers were diagnosed with occupational diseases, but employers did not participate in social insurance for work-related injuries in accordance with the law, and their medical and livelihood guarantees were final. Employers shall bear; the final employer has evidence that the occupational disease was caused by the occupational disease hazard of the previous employer, which was assumed by the previous employer.

The judge who undertook the case stated that if a mining company in Zhouning County wants to exempt itself from responsibility, it must prove that Chen’s occupational disease was caused by the occupational disease hazards of the previous employer. However, the company did not perform Chen’s regulations before Chen’s appointment. Occupational health check, therefore, although Chen had had a long history of exposure to dust before entering the company's labor, it was difficult to prove that Chen had suffered an occupational disease before entering the company, so he had a dispute in this case.

The judge who undertook the case told the reporter that after the "People's Republic of China Occupational Disease Prevention Law" was amended on December 31, 2011, the above provisions were amended to read: The worker was diagnosed with occupational disease, but the employer did not participate in the work injury insurance according to law. Its medical and living protection is borne by the employer. In other words, whether the employing unit can prove that the occupational disease the worker suffers is caused by the occupational disease hazard of the previous employer, and no longer serves as an exemption for the employing unit.

In the end, under the repeated patience of mediation by the judge, the two parties finally reached a settlement agreement outside the court, and the employer paid Chen’s subsidies of more than RMB 100,000. The dispute between the parties ended.

judge

Entry examination should pay attention to occupational disease examination

Occupational disease refers to diseases caused by contact with dust, radioactive substances and other toxic and harmful factors in the professional activities of employers of enterprises, institutions and individual economic organizations.

According to the "Law of the People's Republic of China on Occupational Diseases Prevention and Control," the law stipulates: "For laborers engaged in occupational disease hazards, the employing unit shall organize pre-employment, on-the-job and off-postwork positions in accordance with the provisions of the State Council's work safety supervision and management department and the health administration department. Occupational health checkups shall be made to the laborers in writing, and the results of the inspections shall be written to the laborers. The employers shall not arrange for laborers who have not taken pre-employment occupational health checkups to engage in occupational disease hazards; they shall not arrange occupational taboos to engage in work that is contraindicated by them."

“As an employer, before recruiting personnel, it is necessary to conduct occupational health checks on the recruited personnel. This is not only responsible for the workers, but also related to the employer’s obligations and responsibilities.” Cheng Cheng said that for the employer himself In order to prevent the risk of indisputable responsibility, we should strictly abide by the provisions of the law and organize the occupational health check before, during, and after leaving the post in accordance with the provisions of the State Council’s work safety supervision and management department and the health administrative department, and check the results. Written to the laborer.

For workers, if the worker has already suffered from an occupational disease before he enters the employer’s workforce, the occupational health check before the job will enable the worker to know that he has suffered an occupational disease in the previous employer. Promptly advancing the legitimate rights and interests of the employing unit before, and making the disease condition controlled and treated in time, so as to prevent the laborer from engaging in any other taboos.

Glossary

Occupational hazards

Occupational hazards refer to the various hazards that workers who engage in occupational activities may cause occupational diseases. Occupational hazards include: various harmful chemical, physical, and biological factors that exist in occupational activities and other occupational harmful factors that arise during the course of operations.

Career taboo

Occupational taboo refers to the fact that when a worker engages in a specific occupation or comes into contact with a specific occupational hazard, he is more susceptible to occupational diseases and occupational diseases than the general occupational group, or may cause his own disease to become more serious, or may induce induction in the course of his work. The health or personal health of a person constitutes a particular physical or pathological condition of a dangerous disease.

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