The Paper's reporter Li Jiawei
In the half year after the accident, Shen Jie underwent 8 surgeries, and a large piece of the forehead bone was taken away. The elder brother Shen Wen said that after the accident, the younger brother became grumpy.
At about 10:00 a.m. on November 27, 2019, at the base of Shanghai Tuofu Environmental Protection Technology Co., Ltd. (hereinafter referred to as "Tuofu Technology"), Shen Jie was cutting things with a grinding wheel machine, and the high-speed running machine suddenly burst, and the broken grinding wheel piece splashed out, and a piece plunged into Shen Jie's forehead. Subsequently, he was sent to the Shanghai Sixth People's Hospital.
After the grinding wheel machine burst, a huge fragment plunged into Shen Jie's head, and he was urgently sent to the hospital. Courtesy of respondents
Doctors said that Shen Jie, who "recovered a life", also needs long-term rehabilitation treatment.
But now he has encountered a new problem, and Jiang Huadong, the head of "Tuofu Technology", who has previously paid more than 400,000 medical expenses for him, has expressed his reluctance to pay for follow-up medical expenses. Jiang Huadong believes that Shen Ming's work time is not during working hours.
In order to save money, on August 28, 2020, the 30-year-old rural boy was discharged from the hospital and returned from Shanghai to his hometown of Donghai County, Jiangsu Province, waiting for the company to give an explanation.
Now, Shen Jie and his family, as well as his boss Jiang Huadong, hope to solve the next problem through legal channels.
Why does the grinding wheel machine blow up?
Shen Jie recalled that Wednesday, November 27, 2019, that day was no different from other weekdays, but there was no need to go on the highway.
At Tuofu Technology, Shen Jie and five or six other workers were responsible for the maintenance of sound insulation panels in the Xinzhuang to Fengjing section of the G60 expressway in Shanghai. Due to aging, traffic accidents or other reasons, the sound insulation panels on this section of the road need to be replaced and repaired regularly.
Sound insulation panels on shanghai elevated highways Surging news reporter Li Jiawei pictured
Tianyan inspection shows that Tuofu Technology is a construction enterprise with a registered capital of 15 million yuan. Its registered place is in Fengxian District, Shanghai, and its business scope includes noise prevention and control engineering, professional construction of environmental protection construction projects, construction of municipal public construction projects, etc., and its construction qualification is "Municipal Public Works Construction General Contracting Level 3" and "Environmental Protection Engineering Professional Contracting Level 3".
Shen Jie and his co-workers usually work to remove the broken sound insulation panels from the highway, replace them with new ones, and do some road maintenance. The old sound insulation panels that were removed were transported back to the base for disassembly, and some could be reassembled, and the parts that could not be used were sold as scrap.
The base is a piece of land rented by the company next to the toll booth in Xinqiao Town, Songjiang District, and the workers have built several sheds with sound insulation panels, where they work and stay. Shen Jie said that on the day of the accident, they did not receive a notice to go on the highway and disposed of the old soundproof panels at the base.
Before the accident, Shen Jie did soundproof board maintenance in the Shanghai Xinzhuang to Fengjing section of the G60 Expressway. Courtesy of respondents
The accident occurred at about 10:00 a.m. on November 27, 2019.
Shen Jie said that at that time, they cut the frame of the sound insulation board, cut the parts, iron, aluminum, plastic classification. He cut a section of steel with a grinder and prepared to weld it into a hammer to use as a tool. In this small team of five or six workers, Shen Jie said that he undertook a little management work, and many tools were made by him.
He said that the incident was very sudden, too late to hear the strange noise, when he realized that the grinding wheel machine was not right, it may only be a moment's effort, and the next thing is not known. When he woke up, he was already lying in the intensive care unit of Shanghai Sixth People's Hospital.
Regarding the accident, one of Shen Jie's co-workers told a slightly different version.
A worker surnamed Li told the surging news reporter that it rained on the day of the accident, "did not officially go to work, do a little work at home", according to the boss's arrangement, the workers handled the soundproof panels on the same day, "others are cutting this frame, he (Shen Jie) cut as if it was steel bars with a grinding wheel machine, not within the scope of our work, it was he who played by himself." It was as if the iron pendant was being ground, for fishing nets, and the grinding wheel pieces were worn out. “
It was a common grinding wheel cutting machine, how could it suddenly burst?
Shen Jie recalled that there was nothing improper about his operation, the explosion may be the aging of the machine and the grinding wheel piece, "the cutting machine I have used for many years, this is relatively old, I and the boss have also mentioned many times, replaced by a new, new we also have, the superior will take it out when inspecting." He said the boss hadn't changed.
Grinding wheel cutter after blowing
The worker surnamed Li said that he did not pay attention to whether the grinding wheel machine was aging. As for the reason for the explosion of the machine, he did not answer positively. The reporter also contacted another worker at the scene of the accident, but as soon as he heard about the interview, he hung up the phone and did not answer.
After Shen Jie was injured, the workers immediately dialed 120 to send him to the hospital.
It wasn't working hours when the boss said something
Shen Jie was injured and hospitalized, and his father and brother received the news and came from Jiangsu on the same day.
Brother Shen Wen recalled that when they arrived at the Shanghai Sixth Hospital, Shen Jie had already completed surgery and was sent to the intensive care unit. Jiang Huadong, the head of Tuofu Technology, and several of Shen Jie's co-workers were at the door.
Before Shen Ming's hospital, his brother Shen Wen had been accompanying the surging news reporter Li Jiawei in the hospital
Shen Wen said that Jiang Huadong reassured the family that since the matter was out, he would be responsible for Shen Jie's treatment. Shen Wen said that his family was a rural person, had never touched such a thing, and obeyed when he heard Jiang Huadong say so, and did not call the police, "as long as he can save people back."
Shen Jie's injuries were serious. On November 27, 2019, his admission records from the Department of Neurosurgery at the Sixth Hospital of Shanghai showed that the preliminary diagnosis was: open head injury, brain contusion, frontal fracture, parietal fracture, sieve sinus fracture, nasal septum fracture, open orbital bone fracture, cranial cavity gas, scalp laceration, open intracranial foreign body.
Li Zhipeng is Shen Jie's bed doctor, he remembers that when Shen Jie was admitted to the hospital, the frontal lobe of the brain was damaged, the injury was dangerous, and it can be said that he was lucky to be able to rescue him.
His life was saved, but then Shen Jie had to undergo a long period of recovery treatment. In Shanghai Sixth Hospital, Shen Jie was hospitalized for 9 months, during which he underwent 8 surgeries. Medical expenses are a family concern.
For a long time, Jiang Huadong bore this cost. Shen Wen said that as of discharge on August 28, Shen Jie had spent a total of more than 500,000 yuan in the hospital, about 400,000 yuan was paid by Jiang Huadong. It was only with the passage of time that Shen Wen felt that Jiang Huadong's patience had disappeared little by little, and every time he had surgery in the later stage, he had to urge him many times before he paid.
Before being discharged from the hospital, bed doctor Li Zhipeng examined Shen Jie's wounds. The Surging News reporter Li Jiawei pictured
Shen Wen said that Shen Jie's last debridement surgery was done on August 10, and he contacted Jiang Huadong before the operation, and he made it clear that he would no longer care about Shen Jie's affairs and let them deal with it themselves. Since then, it has been difficult for him to contact Jiang Huadong again.
On August 10, the operation cost about 80,000 yuan, and Shen Wen raised 36,000 yuan through "easy fundraising", and the rest found relatives to make up.
Shen Jie's rehabilitation treatment can not see the end, and the change in Jiang Huadong's attitude makes Shen Jie feel very helpless. He said, "After the accident, the boss said that we all rested that day, and it was I who played there myself, which caused the accident. ”
Regarding the causes and consequences of the accident, medical expenses and other issues, the reporter contacted Jiang Huadong, who said that he did not want to accept an interview and did not approve of Shen Jie and his family's statement.
Jiang Huadong gave a brief explanation to the reporter: "(At the time of the accident) it is not the time of work, it is not clear, then let's talk about it in court." ”
So far, Shen Jie and his family have said that they will defend their rights through judicial channels. Shen Wen told reporters that Jiang Huadong has also repeatedly said that he must fight a lawsuit to solve the problem.
Lawyer: The cause of the accident must be ascertained before responsibility is determined
Fortunately, after more than 9 months of recovery, Shen Jie's injury has been getting better.
Although the scar on his forehead is still shocking, it heals much better than it did months ago. Before being discharged from the hospital, a patient who had been in the same ward as Shen Jie came to see him and was relieved for him, "Before, I didn't dare to look at it, that wound was too big, and now it's getting better."
Patients and family members who had been in a ward with Shen Jie came to see him at Shen Jie's hospital. The Surging News reporter Li Jiawei pictured
Now, Shen Jie can eat by himself, get out of bed and go to the toilet, and walk around simply and slowly. Shen Wen said that after the accident, his brother became grumpy, and he even had the intention of taking his own life in the hospital. After returning to his hometown to be with his relatives, the depression that weighed on his heart was somewhat relieved.
After wiping away his tears, Shen Jie, who was once cheerful and active in the eyes of his family and was not afraid of suffering or tiredness, began to adapt to a different life from the past.
Shen Jie's bed doctor Li Zhipeng told reporters that shen jie's vital signs are stable now, and the main problem is that there is a skull defect on the forehead, and the wound has been infected and it is more difficult to heal.
"The wound cannot heal, which is equivalent to the brain and the outside world are connected, and it is easy to infect the intracranial." Li Zhipeng said that this is the doctor's biggest concern, but also need to observe for a long time. At present, Shen Jie's thinking ability is normal, but in the long run, how the brain is damaged, it is also necessary to follow up and evaluate, and the ability to work is bound to be limited.
Shen Jie was rescued at the Shanghai Sixth People's Hospital, and during the treatment, the wound continued to heal
Shen Jie told reporters that working in Tuofu Technology, the company did not sign a labor contract with the workers, nor did it have work injury insurance, and the working environment and conditions were not guaranteed by compliance. His future medical expenses are expected to be huge, and Shen Jie feels that they should not all fall on his family.
However, how to determine the responsibility for the accident and whether Shen Jie can get compensation is still unknown.
Ding Jinkun, a lawyer at Shanghai Dabang Law Firm, believes that from the existing information, it is necessary to find out the specific cause of the accident in order to judge how much responsibility enterprises and individuals bear.
He said that although Shen Jie and Tuofu Technology do not have a labor contract, if it is a de facto labor relationship, they can apply to the labor department for recognition of work injury. Once it is determined to be a work injury, and Tuofu Technology has not paid social security for Shen Jie, it will bear the liability for compensation for the work injury.
Work injury refers to injury during working hours or work place due to the content of work. Ding Jinkun said that whether Shen Jie was injured at work was to find out whether he worked for the company at the time of the incident and whether it was for the interests of the company. If it is injured in the interests of the company, it is a work injury, and if it is not injured in the interests of the company, it is not a work injury.
He further analyzed that if Shen Jie was not found to be injured, he would investigate the quality problems and maintenance problems of the grinding wheel. If there is improper quality or maintenance, resulting in accidents, the enterprise is also responsible for the corresponding tort liability.
Editor-in-Charge: Gao Wen
Proofreader: Luan Meng