[Summary of the trial]
There was an employment contract between Kobayashi and Company A, and the injuries he sustained while working belonged to the category of work-related injuries and should be entitled to work-related injury insurance benefits. Company A failed to prove that it had applied for work-related injury insurance for Xiaolin and paid the relevant fees, and the company failed to submit an application for work-related injury determination within the prescribed time limit after Xiaolin's injury. In this case, the employee may file a tort lawsuit with the employer. If Kobayashi is injured during work, the employer, Company A, shall be liable for compensation for Kobayashi's damages. At the same time, as an adult, Kobayashi was negligent when he passed through the construction situation at the place where the case occurred, and he was also responsible for the occurrence of the accident.
【Brief Facts of the Case】
In November 2018, Kobayashi accidentally fell and injured himself while cleaning at Company B. On the same day, Kobayashi went to the hospital for inpatient treatment and was diagnosed with a "right patella fracture".
In December 2021, Kobayashi submitted an application for work-related injury recognition to the social insurance administrative department. The department held that Kobayashi, his close relatives, and the trade union organization did not submit an application for recognition of work-related injury within one year from the date of the accident injury, and that the one-year validity period had expired, so it decided not to accept it.
Kobayashi decided to file an infringement lawsuit against Company A, demanding that Company A bear the liability for compensation.
【Judgment Result】
The Hexi District People's Court of Tianjin Municipality rendered a civil judgment, with Company A bearing 65% of the liability and Xiaolin bearing 35% of the liability.
【Case source】
WeChat official account of Tianjin Hexi District People's Court2024-03-07: "[Xifa Auction Case] How should workers protect their rights if they have not been identified for work-related injuries after being injured at work? ”
【Case Tips】
Remind the employer that social insurance should be paid in accordance with the law, and if the employee suffers a work-related injury, the work-related injury should be reported in a timely manner, and if the employer fails to report the work-related injury in time, even if the employer has paid the work-related injury insurance, all the work-related injury expenses that have been incurred shall be borne by the employer.
Remind employees that if the application for work-related injury recognition is overdue, the work-related injury cannot be recognized, and thus the compensation cannot be successfully obtained. The employee may file a tort lawsuit against the employer and request the employer to bear civil liability for compensation. Before filing a lawsuit for infringement with the court, you must have already claimed your rights to the damage in accordance with the Regulations on Work-related Injury Insurance, and only then can you file a civil lawsuit for compensation if you do not meet the conditions for work-related injury after claiming the claim through the corresponding procedures.