The plaintiff (1): XXX, male, aged 39, now living in Xinhua Road, XX, Langfang City, with the ID number13282519xxxxx1032;
Agent ad litem: Guo Wang xx, lawyer of Hebei Tyco Law Firm.
Defendant: Langfang Weierkang Biochemical Co., Ltd.;
Address: No.9 Quanxing Road, Langfang Economic and Technological Development Zone;
Legal Representative: Luo *;
The plaintiff refused to accept the arbitration award (20XX) No.75 of the Labor Dispute Arbitration Committee of Langfang Economic and Technological Development Zone because of a labor dispute dispute with the defendant, and brought a civil lawsuit to your hospital.
Litigation request:
1. ordered the defendant to double the salary of 226,490 yuan that the plaintiff did not sign a written contract;
2. The defendant was ordered to pay the plaintiff's hospitalization expenses of 637 10 yuan since 20XX;
3. The defendant was ordered to pay a one-time disability allowance of 65,438 yuan+06,000 yuan for detaining the plaintiff;
4. The defendant was ordered to pay the plaintiff the necessary medical expenses of 6.5438+0.09 million yuan, including 400,000 yuan for allogenic skin, 80,000 yuan for ear imitation, 6.5438+0.5 million yuan for artificial joint, 200,000 yuan for scar treatment, 40,000 yuan for expert consultation operation and 20,000 yuan for medicine. The cost of the later operation itself is 654.38+10,000 yuan;
5. The defendant was ordered to pay the plaintiff the necessary operating expenses of 485,633.25 yuan, food expenses of 457,728.25 yuan, nursing expenses of 65,438 yuan, nutrition expenses of 9,000 yuan and transportation expenses of 2,000 yuan;
6. Order the defendant to pay the plaintiff alimony 185300 yuan and alimony 1 14600 yuan;
7. The defendant was ordered to pay the plaintiff compensation of 654.38 million yuan for serious disfigurement caused by work-related injuries;
8. The defendant was ordered to pay the plaintiff 40,000 yuan for the treatment of scattered small ulcers that exceeded the category III catalogue of industrial injury insurance;
9. Order the defendant to pay other damages stipulated by the plaintiff's laws and regulations, and the corresponding economic compensation of 48,400 yuan after the bankruptcy of the unit;
10. Due to the plaintiff's arrears in medical expenses, he refused to perform artificial dermal surgery in the hospital, resulting in severe contracture of elbow, neck, knee and other parts, further loss of function, ineffective treatment of systemic scar and severe hyperplasia of hard tissue, and ordered the defendant to compensate 50,000 yuan.
1 1. The defendant was ordered to pay the low-wage base of various social insurances of 4,993.22 yuan, and the late payment fee was 88 1 1.86 yuan;
12. The defendant was ordered to pay medical expenses of 20,000 yuan for cervical spondylosis, depression and other diseases caused by scar contracture at work;
13. The defendant was ordered to pay the plaintiff the adjustment difference of disability allowance that was missed due to the one-year overdue complaint on the disability grade of the injured employee 148 167.6 yuan;
14. The defendant was ordered to pay overtime for the plaintiff 16220.96 yuan;
15. Order the defendant to pay the endowment insurance premium and medical insurance premium after bankruptcy;
16. Pay the industrial injury insurance fund in full ten years after the defendant is ordered to go bankrupt.
Facts and reasons
The plaintiff joined the defendant's office in 2002 and was injured at work in 2004. It was identified as a work-related injury, and the ability to work was identified as a secondary disability. Most of them relied on nursing. From June, 5438 to October, 2007, he began to enjoy industrial injury insurance benefits. During the identification of work-related injury insurance and the plaintiff's treatment of diseases, the defendant made many mistakes, which caused great losses to the plaintiff.
1. Failing to pay overtime pay to the plaintiff since the date of employment, and failing to renew the labor contract for the plaintiff since 20xx 10;
2. Detaining the plaintiff's disability allowance, defaulting on the plaintiff's hospitalization expenses, failing to apply for the plaintiff's work-related injury medical expenses for 20XX years, and defaulting on the hospital's huge treatment expenses, which seriously affected the plaintiff's normal treatment;
3. Refusing to bear the treatment expenses beyond the three categories of work-related injuries that the plaintiff must pay, resulting in the plaintiff not being properly treated and causing complications, and the condition gradually deteriorated;
4. One year's delay in reporting the disability level of the injured workers led to the plaintiff's missing the adjustment of disability allowance, which kept the plaintiff's industrial injury treatment on the low side.
At the end of 20XX, due to poor management, the defendant has started to do relevant work before bankruptcy. Therefore, the plaintiff filed a lawsuit with the Labor Dispute Arbitration Committee of Langfang Economic and Technological Development Zone on September 27th, 20XX, demanding that the defendant pay the arrears, necessary treatment fees and later surgery fees, and bear all kinds of losses caused to the plaintiff due to the defendant's fault. At the same time, due to severe disability, alimony and alimony were paid to the plaintiff. In 20XX 165438+20XX 10, the arbitration commission of the development zone made an award, which partially supported the plaintiff's claim. However, the award has the following problems:
Some databases decided by 1. are inaccurate and the total number is low.
The first ruling said? The defendant paid the complainant twice the salary of 2 1.600 yuan (1.800x12 = 21.600 yuan) for failing to sign a written labor contract between June and September of 20xx. ? In fact, 1800 yuan was the plaintiff's monthly salary when he joined the company in 2002. 20xx 10 month, the plaintiff's salary has increased to 33 13.3 yuan, so the calculation of double salary should be based on this. So this amount should be 39,975.6 yuan.
2. The amount of treatment fee awarded is too small to support the plaintiff's normal treatment.
The fifth ruling requires the defendant to advance the treatment expenses of 200,000 yuan for the next year as appropriate, and write them off according to the actual amount after the actual expenses occur. In fact, the defendant now owes the hospital more than RMB10.2 million for basic treatment. According to the authoritative expert diagnosis of 309 Hospital of China People's Liberation Army, the plaintiff's necessary medical expenses at this stage are at least 6,543,800 yuan+0,900 yuan. Including skin allograft, scar treatment, cosmetic surgery and other expenses. Although the contents contained in these expenses are beyond the scope of the three catalogues of industrial injury insurance, they are effective and necessary treatments for the plaintiff. The primary purpose of work-related injury insurance legislation is to ensure medical and economic compensation for workers with work-related injuries and promote work-related injury prevention and vocational rehabilitation. According to the relevant regulations, the defendant should bear the cost of these treatments. However, the defendant has clearly refused to bear these expenses for his own economic interests, which led to the plaintiff missing the best treatment opportunity and treatment plan, and his condition became more and more serious. The plaintiff has no financial resources, so it is difficult to advance this fee. If the defendant refuses to pay, the plaintiff will not be able to carry out effective treatment and rehabilitation, which violates the basic principles of the Industrial Injury Insurance Ordinance.
It is illegal that the ruling does not support the plaintiff's reasonable request.
Article 48 of the Law of People's Republic of China (PRC) on Work Safety stipulates that employees who suffer from work safety accidents have the right to claim compensation from their own units in accordance with relevant civil laws, in addition to enjoying social insurance for work-related injuries according to law. ? At the beginning, the defendant purchased unqualified equipment, which caused an accident during the operation. The plaintiff was seriously injured and became a second-degree disability. She can't take care of herself for most of her life and can't fulfill her obligations of supporting the elderly and raising future generations. The defendant has an unshirkable management responsibility for the accident. The plaintiff's parents are over 60 years old, physically disabled and have no financial resources and living ability. The plaintiff's wife was hit by the plaintiff's illness and suffered from severe mental depression. When the plaintiff was burned, his son was just three months old and needed the care and support of his parents. The plaintiff is the only source of income for the family. It is reasonable and legal for the plaintiff to ask the defendant to pay basic maintenance and alimony for the survival of the whole family. However, the ruling does not support this basic appeal of the plaintiff, which is legally unfounded and unreasonable.
Relevant information shows that the defendant is preparing for the bankruptcy of the enterprise and disposing and selling most of the assets privately. If the defendant transfers all the assets of the enterprise, the plaintiff will lose the only source of income. Therefore, the plaintiff's claim for the later necessary treatment expenses should be supported. However, the award was not supported, which is obviously unfair.
In view of this, the plaintiff filed a lawsuit according to law and requested the people's court to protect the plaintiff's legitimate rights and interests according to law.
I am here to convey
People's Court of Langfang Economic and Technological Development Zone
Tangible person: XXX
Authorized Agent: Wang xx
Model complaint for industrial injury claim (II) Plaintiff:
Defendant:
Litigation request:
1. The defendant was ordered to compensate the plaintiff for medical expenses, hospital food subsidies, nutrition expenses, lost time, escort expenses, transportation expenses, mental damage compensation, etc. * * * 6682 1.85 yuan (see compensation details. In addition: disability compensation, living expenses of dependents, post-treatment fees and appraisal fees are subject to the results of disability appraisal).
The defendant was sentenced to bear the litigation costs of this case.
Facts and reasons:
The plaintiff has been engaged in painting and painting in the defendant from February 1996 to June/201. After the defendant retired in June 20 1 1, he continued to employ the plaintiff to do painting and painting work in the company. At about 1 1, 12 and 13, during the painting process of the defendant, the paint in the spray gun leaked out from the side seam, punctured the skin and directly injected into the plaintiff's left middle finger, and then the plaintiff was taken to the hospital for surgical treatment. Shortly after leaving the hospital, the plaintiff's left middle finger wound cracked and suppurated. Although the second operation was performed on February 12, there were still chemicals in the left middle finger that could not be removed, resulting in numbness, stiffness and deformity of the left middle finger and inconvenient life. During the plaintiff's treatment, the defendant only paid 1 1,000 yuan for medical expenses, and paid nothing else. To this end, the plaintiff negotiated with the defendant many times and failed to reach an agreement.
To sum up, the plaintiff was injured in the labor activities within the scope of the defendant's instructions. According to relevant laws and regulations, the defendant shall be liable for compensation and pay relevant compensation fees to the plaintiff. In order to safeguard their legitimate rights and interests, the plaintiff brought a lawsuit to the people's court, imploring the people's court to support the plaintiff's claim.
I am here to convey
Xx people's court
Prosecutors: xx, xx, xxxx.