Six years of litigation resolved in one go

Wang Bing lawyers, Northwestern Polytechnical University detection of bachelor's degree, Shandong University of Political Science and Law Bachelor of Law, English four.

Business expertise: Wang nearly ten years of experience as a lawyer, has undertaken criminal defense, real estate disputes, traffic accidents, industrial and commercial insurance cases nearly 1.000. and served as Zibo City Water Resources Management Office, Linzi City Construction and Development Company and more than a dozen units of perennial legal adviser, has engaged in the shareholding restructuring of the legal business qualifications, the Department of the Luzhong Morning Post lawyers, the Zibo Evening News Legal Aid Corps, Zibo Vocational College part-time teacher. The company is also a part-time teacher at Zibo Vocational College.

Wang in any case can not imagine a six-year lawsuit was solved in the morning.

In 2002. just graduated from the University of Wang in the job market and a sporting goods company reached an employment agreement, specifically in the company to do business sales work. Manager of the internship period arranged for him to learn business knowledge. 2002 August 28th morning, that is, the 28th day of work, sitting in the company's office on the second floor of the study of the small king suddenly heard downstairs, someone shouted “Wang, open the elevator to help me move the liquefied petroleum gas tanks to the third floor”, this is not the company canteen Zhang Auntie it, the small king even want to think about it. Did not think much, ran to the third floor to open the freight elevator door into a foot, did not expect the elevator on the first floor did not come up, he fell to the first floor elevator shaft, Wang lost consciousness.

The manager of the company heard that Wang was injured and rushed to the hospital, asked to send the best doctor to do surgery immediately and paid all the medical expenses. But Wang is still left with a disability, the two sides repeatedly mediation has never reached agreement on the amount of compensation. The long road of litigation thus began:

First, the long process of work-related injuries for three years.

Xiao Wang that he is in the workplace, work during the injury to the local labor department submitted an application for recognition of work-related injuries, but the labor administration department to “non-work-related injuries” on the grounds of non-recognition of work-related injuries. 2003 Xiao Wang once again applied for work-related injuries, and once again, non-recognition!

Through administrative reconsideration and administrative litigation, the court revoked the Labor Bureau's decision not to recognize the injury. In 2004. Xiao Wang again applied for work injury, the labor department after a detailed investigation found that: “Company A employees Zhang Da-ma put liquefied petroleum gas tanks (private) on the first floor elevator, on the first floor, called Xiao Wang open the elevator will be transported to the third floor tanks, Xiao Wang in the office on the third floor did not hear. Xiao Wang ran from the second floor to the third floor, opened the elevator door with the key, and took a step down causing serious injury. Xiao Wang is non-work-related injuries, again decided not to recognize the injury. Three times the work injury application, three times not recognized!

After consulting with a lawyer, Xiao Wang to employee compensation for damages for a paper will be a company and Zhang Auntie sued the court!

Second, the twists and turns of the first trial appraisal led to disputes.

In 2005 the court by the plaintiff and defendant agreed to commission a disability appraisal, appraisal conclusion for the eighth degree of disability, the plaintiff little king is not convinced to apply for appraisal again, and then another appraisal agency for the fifth degree of disability. Formation of the plaintiff claim five defendant claim eight back and forth situation. Finally in early 2008. the court of first instance according to the conclusion of the fifth-degree disability, the defendant a company on the small king compensation, in view of the small king in the accident also has part of the responsibility, the verdict of the defendant to bear 70% of the compensation responsibility. Defendant A company appealed.

Third, humane mediation of the second trial to resolve the grievances

A company in the second instance program entrusted me as its agent to participate in the litigation.

After careful analysis of the case, understand that the company is willing to reasonable compensation. The case has been delayed for a long time is due to the lack of reasonable communication between the two sides of the lack of opinion, mutual suspicion, secretly competing with each other, resulting in the more the more angry, and finally formed an irreconcilable contradiction. In view of this situation, I and the manager of the company set out the law and the facts of the case, the formation of the court strategy: in the court as a lawyer, I sing the main role, do not talk about the level of disability, directly to the non-work-related injuries to fight for non-liability to reduce the small Wang's expectations. In the mediation stage, the manager of the company can be moved to tell the past with the little king and the little king hospitalized during the company to take care of him, in order to reduce the resistance of the little king. Facts have proved very effective, the two sides in the judge under the auspices of the court reached a mediation agreement, handshake and make peace.

Six years, Wang running between the hospital, labor department, safety supervision departments and judicial departments, endured from the physical pain and suffering and living in distress, the six years is just out of school he experienced the most painful period. After six years, the marathon litigation came to an end through mediation between the two parties in the second trial.

Summary:

One step back, in this case, the two sides in each other's position are let a step, can avoid the two sides of six years of litigation, but also to resolve social conflicts.

Lawyers in the litigation to solve the problems of the parties in the process of mediation is crucial. In practice, if purely from the legal point of view to insist on the truth, in many cases will be twice the result with half the effort, the parties dragged into the dilemma of litigation, but also an extreme waste of judicial resources.