Return Case ListInfringement Compensation

In a employer liability dispute case in Xiamen, the court ruled that the employer must compensate the employee for personal injury losses totaling 28.6 ten thousand yuan.

Case Summary

On 2023-11-10, the plaintiff, Wang, was employed by the defendant, a logistics company in Xiamen, to perform cargo loading and unloading. While handling goods, an unstable stack collapsed onto the plaintiff, causing lumbar fractures and multiple soft tissue contusions. The plaintiff was hospitalized for 45 days at a cost of 8.6 yuan in medical expenses. According to judicial appraisal, the plaintiff's injuries constitute Grade 8 disability, with a work stoppage period of 180 days, a nutritional support period of 90 days, and a nursing care period of 45 days. The plaintiff filed a lawsuit against the defendant, seeking compensation totaling 28.6 yuan for medical expenses, lost wages, nursing fees, transportation costs, meal allowances during hospitalization, nutritional supplements, disability compensation, and mental anguish damages.

Key Dispute

1.Is there an employment relationship between the plaintiff and the defendant?
2.Did the plaintiff sustain an injury while engaged in employment activities?
3.Should the defendant bear employer liability?
4.Are the claimed damages reasonable?

Case Strategy

1.Core evidence includes fixed-term employment contracts, payroll records, accident scene photos, medical records, hospitalization bills, discharge summaries, judicial appraisal opinions, proof of lost wages, and nursing care invoices.
2.To prove that the plaintiff was employed by the defendant to perform cargo handling and that an employment relationship existed between the parties.
3.The plaintiff was injured during cargo handling due to unstable stacking, which occurred while engaged in the course of employment. Under the Civil Code, where a labor relationship is formed between individuals, if the provider of labor causes damage to others in the course of providing labor, the accepting party shall bear tort liability.
4.If a party providing services is injured in the course of performing those services, liability shall be apportioned according to the respective faults of both parties.
5.Calculate the plaintiff's claimed losses: medical expenses 8.6 ten thousand yuan, lost wages 3.6 ten thousand yuan, nursing fees 0.9 ten thousand yuan, transportation costs 0.45 ten thousand yuan, hospital food allowance 0.45 ten thousand yuan, nutritional fees 0.9 ten thousand yuan, disability compensation 12 ten thousand yuan, and mental distress damages 2.4 ten thousand yuan. Total: 29.3 ten thousand yuan. The plaintiff's claim of 28.6 ten thousand yuan is reasonable.

Processing Result

The court ruled that the defendant, a logistics company in Xiamen, shall compensate Plaintiff Wang for all losses totaling 28.6 ten thousand yuan within ten days of the effective date of this judgment. The defendant shall bear all litigation and judicial appraisal costs incurred in this case.

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