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It is crucial that inductrial injury compensation has premise labor to concern
From;    Author:Stand originally
Recently, adjudicative prosecutor office earths up first instance of court of people of city of Jiangsu province Changshu to pull a law to send labor of existence of dress limited company to concern with A of city of the accused Changshu, adjudicate the accused announces 400 yuan of arbitral charge to Fu Yuan.

The court is found out, the marital Shen Mou that prosecutor office earths up fastens defendant company driver. From October 2007 the first ten days of a month begins, accuser couple lives in defendant company living quarter together. Of the same age on October 12, accuser begins to go to work in defendant company, use a hammer to buckle in defendant company workshop namely afternoon unexpectedly when mechanic is made, be mauled by the machine right hand middle finger.

After the accident, defendant company sends a person to send accuser to courtyard of Changshu city traditional Chinese medical science to treat, accuser is diagnosed to be fracture of right hand middle finger, carried out inside fixed art, chen Mou of defendant company legal representative signs on the medical expenses receipt of accuser, paid accuser part medicine fee.

Later, when accuser couple talks things over for accident matters concerning reconstruction and defendant company, both sides fails to reach unanimous opinion, accuser is this to arbitrate to dispute of Changshu town labor committee offers arbitral application, requirement the accused gives pay inductrial injury insurance salary. In the light of accuser this applies for, defendant company argue says both sides did not establish working relationship, defendant company near future also did not recruit employ to cross any employee, deny accuser to be fastened in the fact that defendant company gets hurt at the same time. For this, accuser is forced to arbitrate to dispute of Changshu town labor committee applies for the arbitration, the requirement affirms to factual labor exists to concern between its and defendant company. In arbitral process, as a result of time going to work only a long time, besides see a doctor outside record, witness and two pieces of medical expenses receipt that defendant company signs, accuser cannot offer any defendant companies to use the evidence of labor field. For this, dispute of Changshu town labor arbitrates committee is not worth with evidence first year after year nowadays for the request that rejected accuser to ask to affirm labor concerns.

Accuser refuses to obey arbitral adjudication, mentioned to the court in Feburary this year civil suit.

Changshu thinks after forensic cognizance, although defendant company is in what arbitrate and plaintiff allegation denies again and again during lawsuit to get hurt through, deny its to pay medical expenses and the fact that accompany treatment, admitted to be helped to offer economy and lend Shen Mou partial medical expenses temporarily only, but the angle analysis of the anamnesis account situation from courtyard of Changshu city traditional Chinese medical science and many witness testimony, accuser uses a hammer to buckle the fact that right hand middle finger brings about to get hurt when machine to belong to in defendant company solid. In the meantime, chen Mou of defendant company legal representative signs directly on the medical expenses receipt of accuser and paid medical expenses by the company, its property does not belong to the economic help that the accused place claims and of short duration to borrow medical expenses apparently.
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