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【Case】Work-related injuries received support
2014-December-3 Source: Newsgd.com
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In 2013, Wang injured during the process of a construction project and was identified as ten class disable and work-related injuries. For the treatment of work-related injuries, Wang submit to local labor dispute arbitration committee for arbitration. Wang claimed his annual income is one hundred thousand. Because the construction company failed to provide the payroll list, the Arbitration Commission accepted Wang’s statement and take this as the standard to calculate Wang’s treatment of injury insurance for about RMB160 thousand.

The construction company considered Wang failed to provide evidence to prove his annual salary of one hundred thousand yuan and the actual monthly salary is only RMB5000, and sue Wang to the court. In the trial, Wang argued that payroll records and documents were preserved by the construction company, so he does not have and cannot provide evidence.

The courts think that Wang was identified as work-related injuries and should enjoy treatment of injury insurance according to law. The construction company as the employer takes the legal obligations the processing and preservation of wage payment documents. In this case, if the construction company disagreed with Wang’s claim but failed to provide annual payroll records, the company shall bear the adverse consequences. Finally, the courts support the arbitration award and reject the company’s action.

(This information is provided by Lawyer Kelly Xie from Guangdong KaiTong Law Firm in friendship. It is not any legal opinion or legal grounds addressed to any organization or individual. For inquiry, please contact Kelly via email at Kelly_xie@ktlf.com.cn or by phone on 13926185641.)

Editor: Sunny
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