Related News

Home » Metro » Society

Man seeks court's help for compensation claim

A FATHER from Shandong Province plans to seek a court order to force a Shanghai-based company to pay more than 800,000 yuan (US$117,009) compensation awarded in a previous case because the plaintiff's son died of malaria after working in Nigeria for the company.

Last month, the Minhang District People's Court ruled that Shanghai Kingstep Trading Development Co Ltd was responsible for the death of 26-year-old Han Tao after he fell ill with malaria in Nigeria. Thus far, Kingstep has not paid the compensation.

In July 2007, Kingstep hired Han to go to Nigeria to repair a machine exported by the company. The two sides agreed orally that the work would take one month and Han was to be paid 10,000 yuan.

Han went to Nigeria with two other colleagues and completed the task smoothly.

On August 14, 2007, Han left Nigeria for Shanghai. He felt he had a fever while in transit in Dubai. A company manager, who returned with Han, bought him some cold medicines and didn't pay further attention to him, the court heard.

After Han arrived in Shanghai two days later, he took a train back to his hometown in Jinan City, capital of Shandong Province. He called his father while on the train and said he was seriously ill. Han's father picked him up the next day upon arrival when Han's temperature was 41 degrees Celsius.

Han was rushed to hospital but died 10 days later, leaving behind a wife, two-year-old daughter and five-month-old son. The hospital said Han died of malaria and speculated he got the disease in Nigeria, the court heard.

Han's father sued Kingstep, saying the employer should take responsibility.

The plaintiff said the employer, as a foreign trade company, should know about the climate, living environment and the hygienic conditions of Nigeria and should have informed its employees about how to protect themselves from endemic diseases such as malaria.

Han's father also said the company manager didn't even take emergency measures to treat Han when he showed symptoms in Dubai.

Kingstep denied it had employed Han. It said Han offered his service to the company temporarily.

The company also told the court that Han's other colleagues in Nigeria didn't contract the disease, thus it was not responsible for his death.

The court believed Han was hired by Kingstep. It ruled that because malaria is endemic to Nigeria, working there put Han at risk and thus the employer was responsible for his death.


Copyright © 1999- Shanghai Daily. All rights reserved.Preferably viewed with Internet Explorer 8 or newer browsers.

沪公网安备 31010602000204号

Email this to your friend