BYD employees accidentally suffered grade 9 work injuries, were transferred from their original positions and unilaterally reduced their wages, and were sued after filing labor arbitration

According to news on June 16, recently, the dispute between BYD’s Class 9 industrial injury employee and Changsha BYD has caused heated discussions on the Internet. The topic #Changsha BYD sues workers injured at work# rushed to the hot search on Weibo.

According to the judgment document of the labor dispute case between Changsha BYD and employee Ma Moumou, the employee Ma Moumou filed a labor arbitration with the Changsha Labor and Personnel Dispute Arbitration Commission on the basis of arbitration requests such as requiring Changsha BYD to pay work-related injury insurance benefits. Changsha BYD refused to accept the arbitration. The lawsuit was brought to the People’s Court of Yuhua District, Changsha City, Hunan Province.

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It is understood that on April 2, 2018, Ma Moumou joined BYD Changsha, and the salary standard during his employment was 5044.8 yuan/month. On March 3, 2020, Ma Moumou was accidentally injured at work and was sent to Changsha Annual Ring Orthopaedic Hospital for treatment. After being diagnosed with a fracture of the distal tibia and fibula, he was hospitalized for a total of 45 days. The injury was legally identified as a work-related injury and was assessed as a grade-9 disability.

Defendant Ma Moumou argued that Changsha BYD has refused to arrange piece-rate work for him since he returned to his original position on August 3, 2021, and he has repeatedly applied to the plaintiff for specific work in his original position, but he has not been accepted. I paid attention to it, and clearly informed that the salary will be paid according to the basic salary of 2,250 yuan/month in the future, resulting in the inability to obtain piece-rate wages and actually reducing the salary in disguise.

In addition, the company did not pay social insurance premiums according to the actual salary income of the injured employees, and did not pay the injured employees salaries on time during the period of treatment and injury leave. Therefore, Ma Moumou filed labor arbitration with the Changsha Labor and Personnel Dispute Arbitration Commission.

According to the appraisal by the Changsha Labor Capability Appraisal Committee, the work-related injury suffered by Ma has constituted a grade 9 disability, and he enjoys work-related injury benefits in accordance with the law. Therefore, Changsha BYD needs to pay the defendant a one-time disability subsidy of 10,431.36 yuan, and a one-time work-related injury medical subsidy of 40,358.4 yuan. , One-time disability employment subsidy of 40,358.4 yuan. As well as nursing fees of 4,500 yuan, medical fees of 434.04 yuan, and transportation fees of 500 yuan. In addition, Changsha BYD paid the defendant 223.35 yuan in unpaid wages and 17,656.8 yuan in economic compensation.

In response to the arbitration result, Changsha BYD refused to accept and sued the employee to the court.

The plaintiff, Changsha BYD, stated that, first, the arbitration ruling that the plaintiff “should pay the remaining salary of 223.35 yuan from August 3 to 23, 2021. The plaintiff failed to pay social insurance for the defendant in accordance with the law, which caused the defendant to resign. The plaintiff should pay the defendant economic compensation of 17,656.8 yuan. “It is an error of fact-finding and an error in the application of law. Second, Changsha BYD stated that although the defendant Ma was hospitalized, there was no statement that the defendant needed nursing care in the hospital medical records or hospitalization summary and other medical records, and the arbitration ruled that the plaintiff should pay the defendant 4,500 yuan for nursing expenses, 434.04 yuan for medical expenses, and 500 yuan for transportation expenses. , without legal basis. Third, Changsha BYD claimed that the arbitration ruling that the plaintiff paid the defendant a one-time work-related injury medical subsidy of 40,358.4 yuan had no legal basis and increased the burden and risk of the enterprise.

As a result, Changsha BYD filed a lawsuit with the court: 1. The plaintiff was ordered not to pay the defendant’s economic compensation of 17,656.8 yuan; 2. The plaintiff was ordered not to pay the defendant’s nursing expenses of 4,500 yuan, medical expenses of 434.04 yuan, and transportation expenses of 500 yuan; 3. The judgment was made Order the defendant to apply for a one-time medical subsidy from the work-related injury insurance fund; 4. The litigation costs in this case shall be borne by the defendant.

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In this regard, the People’s Court of Yuhua District, Changsha City, Hunan Province held that, according to the “Decision on Determination of Work Injury” issued by the Human Resources and Social Security Bureau of Changsha City, the defendant’s injury constituted a work injury. According to the appraisal by the Changsha Labor Ability Appraisal Committee, the defendant constitutes a grade-9 disability. Therefore, in addition to ruling that BYD does not need to pay financial compensation to the defendant, other claims are rejected. Since the defendant enjoys work-related injury treatment in accordance with the law, Changsha BYD needs to pay compensation of 96,582.2 yuan to the injured employee and pay unpaid wages of 223.35 yuan.

It is worth noting that Changsha BYD was also deeply involved in the sewage storm before, and it was also exposed that many employees jumped off the building one after another, which caused a heated public opinion. (Leifeng Network)

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