Chapter 1088: Chapter 353 What Can Your Bickering Prove?_2
“The Supre People’s Court’s Provisions on Several Issues Concerning the Trial of Administrative Cases Related to Workers’ Compensation.”
The Supre Court’s responses, provisions, judicial interpretations, and so on—we know these carry legal force.
However, these are still internal court regulations!
The reason they hold legal force is because the court acknowledges them.
So, now it’s clear, right? Why do we often say, “This workers’ compensation claim is obviously a sure win, but why does the Human Resources and Social Security Bureau make such bizarre determinations?”
It’s precisely because of this reason.
These judicial interpretations and provisions are effective, but where specifically do they take effect? That depends on who issued them.
The reason judicial interpretations hold strong legal force is because the final adjudication power lies with the court.
Why can Director Chen say, “The interpretation of legal provisions rests with ”? Because courts can decide which provisions to use based on different circumstances, and sotis these provisions may even contradict one another.
That’s why regulations like those on “legitimate self-defense” must be jointly issued by the Supre Court, Supre Procuratorate, and Ministry of Public Security.
As for the “no-profit principle” in workers’ compensation double claims, it applies specifically to dical expenses.
Article 8 of “The Supre People’s Court’s Provisions on Several Issues Concerning the Trial of Administrative Cases Related to Workers’ Compensation”:
“If an employee suffers a work-related injury due to a third party’s actions, and the social insurance agency refuses to pay workers’ compensation benefits on the grounds that the employee or their close relatives have already filed civil lawsuits against the third party, the People’s Court shall not support such refusal—except for dical expenses already paid by the third party.”
dical expenses cannot be compensated twice, but other types of expenses can be.
Here’s a small tip for everyone: because in practical cases, most situations involve applying for workers’ compensation only after initiating civil lawsuits and then being rejected.
So when faced with similar issues, first apply for workers’ compensation. If the company refuses to apply, then apply yourself.
After the workers’ compensation decision is made, file a lawsuit against the third party. Anyway, the statute of limitations for litigation is one year.
At this point, things beco straightforward. The Human Resources and Social Security Bureau is bound to support you in the forr case, and the court will surely support you in the latter case.
You won’t need to file an extra administrative lawsuit, as navigating these legal provisions is far more complicated, and it’s relatively difficult for ordinary people to defend their rights.
Back to the main topic—Ji Xueli was simply offering a reminder. Seeing Lawyer Tang’s response just now, she smiled and resud the review process.
As always, Lawyer Tang’s litigation style remained as solid as ever.
Unlike certain lawyers whose lawsuits could only be described as slapdash.
Having worked in the court for many years, Ji Xueli had encountered nurous lawyers, and the differences were truly stark.
Once the review process was completed, Ji Xueli promptly said, “Lawyer Tang, everything checks out on my end. Your case will be accepted now. We should have a result by tomorrow.”
Lawyer Tang nodded: “Alright, thank you. I’ll be heading out now.”
With the lawsuit filed, the next steps couldn’t just be left to wait idly—at least for now, reporting issues like concealing safety incidents after accidents and multiple companies violating subcontracting regulations could proceed without delay.
Not all reports are the sa; while others’ reports might sink into oblivion, Lawyer Tang’s reports were imnsely impactful!
A critical question was why the accident hadn’t been reported!
Of course, this situation didn’t involve charges like the “failure to report or false reporting of safety incidents,” since no lives were lost.
Still, it was enough to cause trouble for these companies.
Thus, after leaving the court, Lawyer Tang headed straight for the Hanxi Province Housing and Urban-Rural Developnt Departnt. Enterprises like Hanxi Construction weren’t likely to go to the district housing bureau for reporting, right?
Soon, Lawyer Tang arrived at the destination. Speaking of these kinds of places, he hadn’t visited them before…
But the procedures were the sa, especially after identifying himself.
A leader imdiately ca out to greet him.
“Lawyer Tang, we have received the issues you’ve raised and will conduct a thorough investigation. You can rest assured; we will also keep you updated promptly on the results and actions taken.”
Hearing this, Lawyer Tang smiled and replied, “Alright, thank you. I won’t disturb your work further.”
Watching Lawyer Tang leave, the leader behind him breathed a sigh of relief. Good thing it wasn’t sothing major.
Just as Lawyer Tang had anticipated, at this point, those who should know already knew—but the relevant departnts hadn’t yet officially acknowledged the matter!
Procedure is crucial.
Many situations that explode online often lead people to question: How could such cases escape the notice of the relevant departnts?
The answer lies in the fact that they weren’t officially inford.
Thus, the typical response is: “We have taken note of the online reports and begun an investigation…”
Clearly, it wasn’t anything big—a fine, so rectification asures, and a few personnel adjustnts would sort things out.
After all, it wasn’t about the actual laborers. The foremost issue involved failing to report an accident.
Yet Lawyer Tang wasn’t finished; he imdiately sent out several docunts by post, as there was no way he could travel to each province to report it in person.
He had to use postal services for filing real-na reports against companies in other provinces.
After finishing all the reporting, Lawyer Tang returned to his hotel and began once again to ticulously study the relationship between Dekang Company and Dezheng Company.
He had a nagging feeling that sothing was wrong there!
Ti passed slowly, and the next morning brought sumr rains shrouding the skies. In his office, Tan Lizhong was on the phone.
“I know they’ve filed a lawsuit. What’s there to fear? It’s just a shell company now… not going to talk about it anymore.”
After hanging up, a middle-aged woman entered—it was the legal affairs director, Yan Xuei.
Reviews
All reviews (0)