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Riding a bicycle to work, just a few hundred meters away from the workplace,nike air max 90, the rider seal a traffic accident, after she died. Just when people are busy for a funeral home, and wait for injury compensation, but an accident that, injuries that application was rejected. The reason is negated because of the traffic police department issued an incident proves that this certification called "unable to identify the causes of traffic accidents."
Closure of a family member then Yandu District Human Resources and Social Security Bureau (hereinafter referred to as the "Social Council"), taken to court, but the court did not support its claims. Rights in the event of difficulties at the same time, the closure of a large number of families of printed material, offering a reward of 50,000 yuan collecting clues.
□ Modern Express reporter Tian Xueting
Posted materials, 50,000 yuan collecting clues
"If you can provide direct clues to help us catch the people, give him 50,000 yuan." These days, the closure of a wife, Zhang Xiaolan every day, holding a stack of printed materials, posted everywhere, to the crime scene perimeter Past personnel released.
A 45-year-old seal, lifetime is a logistics company Yancheng driver. September 21, 2011 in the evening, to rest at home for a closure unit received a telephone, said there is a trip to goods more urgent,moncler outlet italia, need he immediately went to Taiyuan trip. Closure of a simply pick up the luggage,[url=http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=2543+[PLM=0]+GET+http]http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=2543+[PLM=0]+GET+http[/url], contact with another car to a driver. That name the driver has to drive out, at the appointed meeting place,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=494, etc. of a seal.
Then seal a bike ride on out the door. Closure of a home, about 1.5 km away from the intersection colleague parking, cycling past, also ten minutes. However, in a closed out half an hour later, Zhang Xiaolan received the seal of a colleague's phone, the other so was a little anxious, asking whether certain letters go out.
"Long gone, you should have to, ah!" Zhang Xiaolan heart vaguely ominous kind of sense. Hang up the phone, she along from home to stop at "233" along the highway to find. Went to a butcher shop in the door, she found her husband lying on the roadside, bike fell on the side. A seal at this time only a weak breathing. With the help of butcher's next, Zhang Xiaolan will seal a hospital. But because of injuries too, a seal died in September 22, 2011.
Cause of the accident is unclear, injuries can not be identified
Then, for the closure of a family funeral repairing, buying cemetery, which was demeaning. "When combined with the cost of hospital spent more than 30,000, now we have spent 10 million yuan." Zhang Xiaolan said the family economic conditions are relatively poor, with most of these relatives and friends to borrow money, and the other, sealing a unit also advance more than 30,000 yuan.
"Seal the unit did a lot of years, units have to pay social security for him, you can apply for work-related injuries, so many of the costs are reimbursed." A friend of reminder, so Zhang Xiaolan heart a little comfort. So she and the closure of a unit and Social Council in the hope that they will pay attention to the matter and help to complete the formalities.
February 1, 2012, Yandu District Social Council made the certificate shall not be recognized as work-related injuries. The certificate stated that closure of a day riding a bicycle to work is a fact,louboutin femme, however, the causes of traffic accidents which can not be ascertained, does not meet the conditions related injuries, it is not recognized as work-related injuries.
To understand why the death of her husband can not be identified as work-related injuries, Zhang Xiaolan repeatedly came to appeal and Social Council, to understand.
Staff told her to apply for work-related injuries has identified several conditions, one of which, a traffic accident that occurred on the way to work, must be non-primary responsibility in order to constitute himself.
However, in a traffic accident closed the traffic police department were responsible for the accident was not divided, but generally can not be made to identify the causes of traffic accidents, so Social Council can not thus recognized as work-related injuries.
Traffic police said the accident was unable to ascertain responsibility
After "obviously hit by the other car, why the police has issued a proven impossible to find out the causes of accidents?" By the news, Zhang Xiaolan immediately questioned the traffic police department, and accordingly proposed to Yancheng police detachment application for review .
Zhang Xiaolan said she had sufficient evidence to prove that this is a traffic accident caused by a motor vehicle grazing. Her first piece of evidence, is a seal autopsy report. The report of the expert opinion is that the "closure of a traffic accident caused by brain injury consistent with death." The second evidence is the accident vehicle technical inspection report issued by the police department. Identification of the conclusions of the report is, "car damage and signs should line formed by accident, external force." The third evidence,http://kehuelga.net/diario/spip.php?article3675, it is a shade his family at the scene to see, "it should be lampshade vehicle It was lost in the accident scene. "
Zhang Xiaolan said that the evidence is sufficient to explain the three, sealed in a traffic accident, by the direct impact the other party motor vehicle that has caused its head multiple fractures after landing, and damage their bikes fully confirms this a point of view. Zhang Xiaolan think, in this case, not only the other side of the vehicle after the accident to rescue the injured also escape liability has been very clear, certainly other full responsibility.
But for Zhang Xiaolan opinion,http://www.beamed.com/search/search.cgi, still not enough to explain the traffic police department said the causes of traffic accidents. Yandu District Public Security Bureau police battalion Joseph Hsu said, "Trace Evidence indicates bike is formed by external force, but that does not necessarily mean that other vehicles or non-motor vehicle collision caused his fall also included touchdown After suffering the ground external force is formed. "The closure of a injury, despite multiple skull fractures, the traffic police department said, do not rule out the possibility the ground after a fall caused. As for the so-called legacy in the field of "lampshade child", it is simply a rumor, "We did not find any traces of other vehicles,http://www.cclchinese.com/?action-viewnews-itemid-8660, but no shade child."
"Seal some experience,moncler outlet milano, really pitiful." Joseph Hsu said, "No witnesses, no trace, no other evidence in this case, we can only respect the facts, can not identify the cause of the accident to make conclusions . "it is, therefore, the traffic police department said, does not rule out an accident is likely to fall after the closure of a own cause. Finally, the review comments Yancheng police detachment to maintain a police brigade made salt finds that the cause of the incident can not be ascertained, whereby responsibility for the accident will not be able to make that distinction.
Refused to accept the ruling Social Council sued,http://www.xuetumu.cn/home.php?mod=space&uid=1166359, was dismissed
For this explanation, Zhang Xiaolan an unacceptable. They believe that a hey man,http://www.uberiku.com/yybbs/yybbs.cgi, riding a bike to work, even if the fall, how likely would head fell out of multiple fractures, severe brain damage and cause death? Behind this fact, and certainly other vehicles or other circumstances cause, that is, the traffic accident is not unilateral accident,http://www.epastorsnetwork.com/cgi-bin/guestbook/guestbook.cgi, there is certainly an accident of the other party.
"Traffic police no intention to investigate, simply can not find out on the next to a conclusion, it is dereliction of duty, but also for the dead and their families extreme disrespect." To this end, Zhang Xiaolan, a decision by its own strength to find the murderer accident, Thus it was posted everywhere and payment behavior "bounty" material.
At the same time, Zhang Xiaolan and taken to court, sued Yandu and Social Council, that the closure of a death in a traffic accident on his way to work, in line with the conditions related injuries, requested the court not to revoke its certificate to the identified work-related injuries.
May 2012, Yandu District Court verdict that finds salt and Social Council's nothing wrong. Due to closure of a traffic accident,doudoune moncler femme, the traffic police department responsible for the accident is not issued, nor distinguish sealed a responsibility in the accident, so that people can only make so identified and Social Council, legal procedures, correctly applies the law. Accordingly, the court dismissed the appeal Zhang Xiaolan et al.
The reporter of this incident reflects the closure of a person to Jiangsu Province and Social Council Chamber, the reception staff also believe that this incident is very typical, "strictly speaking, there is indeed a conflict with the Work Injury Insurance Regulations, from this perspective, Yancheng local identified sector is legal, but some of my letters and the current awkward encounter, whether we can do some work process, because the country's grasp for different exceptions may have different results on the process. "
Jiangsu's Code Lawyer Chou Haijun believe that the introduction of the original intention Injury Insurance Regulations, is to "safeguard suffered accidents due to work injury or occupational disease of workers access to medical treatment and financial compensation, promote injury prevention and vocational rehabilitation, dispersed employer injury risk ", for this reason, in the treatment of such a seal encounter this situation, the causes of the accident can not be responsible for the accident to identify the situation is not good distinction, injuries that authorities should analyze specific issues, and as far as possible from favor workers' point of view in its favor to make identification.
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發表於 2015-11-13 03:06:12
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