| No. 3 of Four Model Cases of Safeguarding the Rights and Interests of Workers in New Forms of Employment Published by the Supreme People's Court: After having obtained the occupational injury insurance benefits for workers in new forms of employment, a worker shall have the right to request the assumption of the tort liability by a third party | | 最高人民法院发布4起新就业形态劳动者权益保障典型案例之三：冯某诉某物业公司身体权纠纷案 |
| — Feng [REDACTED] v. [REDACTED] Property Management Company (Dispute over the Right to Bodily Integrity ) | | ——劳动者获得新就业形态人员职业伤害保障待遇后，有权请求第三人依法承担侵权责任 |
| Basic Facts | | 基本案情 |
| The delivery rider Feng [REDACTED] was hit at the rear of the electric bicycle he drove by the closing electric gate when he was entering the [REDACTED] Residential Community on such electric bicycle at the entrance and fell to the ground. He was later diagnosed as suffering cervical spinal cord injury. After the incident occurred, upon application by [REDACTED] Enterprise Service Outsourcing Company, the Human Resources and Social Security Bureau of [REDACTED] District of Shanghai Municipality issued a conclusion on confirmation of an occupational injury that the injury suffered by Feng [REDACTED] in the incident complied with the provisions of subparagraph (1) of paragraph 1 of Article 10 of the Measures for Occupational Injury Insurance for Workers in New Forms of Employment (for Trial Implementation) and subparagraph (1) of paragraph 1 of Article 12 of the Measures of Shanghai Municipality for the Pilot Program of Occupational Injury Insurance for Workers in New Forms of Employment, fell within the scope of confirmation of occupational injuries, and thus was confirmed as an occupational injury. Feng [REDACTED]'s injury has been appraised as Grade 10 work-related disability by the Labor Capacity Appraisal Committee of [REDACTED] District of Shanghai Municipality. The Shanghai Social Insurance Administration Center verified the appraisal and testing fee and the lump-sum disability benefit for Feng [REDACTED], which were paid to Feng [REDACTED] by [REDACTED] Insurance Company, with the summary of "occupational injury insurance benefits."After that, Feng [REDACTED] filed a lawsuit with the people's court and claimed that [REDACTED] Property Management Company should pay him the disability compensation. | | 外卖骑手冯某骑行电动自行车进入上海市某小区时，左手持手机放在车把上，通过进出口处被正在关闭的电动门撞及车辆后部，倒地受伤，经医院诊断为颈部脊髓损伤等。事发后，经某企业服务外包公司申请，上海市某区人力资源社会保障局作出职业伤害确认结论书，载明：冯某受到的事故伤害，符合《新就业形态就业人员职业伤害保障办法（试行）》第十条第一款第一项、《上海市新就业形态就业人员职业伤害保障试点实施办法》第十二条第一款第一项之规定，属于职业伤害确认范围，现予以确认为职业伤害。冯某伤情经上海市某区劳动能力鉴定委员会鉴定为因工致残程度十级。上海市社会保险事业管理中心核定冯某鉴定检测费、一次性伤残补助金，由某保险公司向冯某支付，摘要为“职业伤害保障待遇”。此后，冯某诉至法院，要求该小区物业公司赔偿残疾赔偿金等。 |
| Adjudication Results and Reasoning | | 裁判结果及理由 |
| The court of first instance decided that [REDACTED] Property Management Company should pay the disability compensation. [REDACTED] Property Management Company refused to accept the judgment and appealed. The court of second instance decided to dismiss the appeal and affirm the original judgment. | | 一审法院判决某物业公司赔偿残疾赔偿金等；某物业公司不服，提起上诉。二审法院判决驳回上诉，维持原判。 |
| ．．．．．． | | ．．．．．． |
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com
| |
您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户，请注册并交纳相应费用成为我们的英文会员 。如有问题请来电咨询；
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com
|
| | | |
| | | |