Laborer suffers inductrial injury, ask a company to pay grantallowance difference, why cannot obtain legal support?

2022-06-06 0 By

Xu mou works in some coal industry company, type of work is coal mining driver.On March 30, 2018, Xu was injured while working underground.On November 21, 2018, after the hospital diagnosis, Xu suffered from coal worker’s pneumoconiosis phase I with active tuberculosis.In December 2018, Xu applied for industrial injury identification to the municipal Bureau of Social Security.On January 18, 2019, the bureau of Human Resources and Social Security identified Xu as suffering from occupational disease belongs to industrial injury.On February 25, 2019, the bureau of Human Resources and Social Security identified Xu’s injury as a work-related injury.December 27, 2019, the city labor appraisal committee identified Xu constitute eight disability, four disability.On January 20, 2020, after xu application, the city industrial injury insurance respectively made xu eight disability and four disability industrial injury insurance treatment application form, and according to the application form of the content of the disability industrial injury insurance treatment to Xu.February 5, 2021, Xu mou with its industrial injury before 12 months of average wages actually higher than the amount of industrial injury insurance premium to the city labor arbitration commission arbitration application, asking the coal company to pay disability subsidy balance.On March 15, 2021, the Municipal Labor Arbitration Committee decided not to accept the case on the grounds that “the limitation period for applying for arbitration of labor disputes is one year”.After, Xu mou filed a lawsuit.The court thinks: the focus of this case is whether xu mou claims rights to exceed the limitation of labor dispute arbitration.The law stipulates that after labor disputes occur between workers and employing units, they should assert their rights within the legal limitation of arbitration.Xu mou from January 20, 2020 when applying for industrial injury insurance treatment has known or should know the amount of insurance premium before the accident injury and occupational disease due to work, and Xu mou in February 5, 2021 to the labor arbitration commission arbitration application has exceeded the legal provisions of the prescription of arbitration,Moreover, Xu did not submit evidence of force majeure or other justified reasons, so xu’s lawsuit request is not supported.We hold that “Labor Dispute mediation and arbitration Law” provides that “the limitation period for applying for arbitration of labor disputes is one year.The limitation period for arbitration shall be counted from the date on which the parties knew or should have known that their rights were infringed.The time limit of this arbitration shall be suspended because one party claims its rights to the other party, or applies for right relief to the relevant department, or the other party agrees to perform its obligations.”Prescription of labor dispute arbitration refers to the labor dispute between the parties and the employing unit, must assert their rights within the legal time limit, otherwise they will lose the right to win the lawsuit.The setting of prescription of arbitration is mainly for the parties to exercise their rights in time, so as to avoid long-term uncertainty of legal relations.We remind workers that labor disputes with employers in terms of remuneration, rest and vacation, termination of labor relations, compensation and other aspects should be negotiated with employers as soon as possible;If negotiation is not possible, labor arbitration shall be applied to the local arbitration committee within the specified time limit, otherwise, the expiration will lose the right to win the lawsuit, no longer under legal protection.