Migrant student wins compensation case
Print Edition
THE Shanghai No.2 Intermediate People’s Court yesterday overruled a previous verdict and ordered a school and a machinery factory to pay 130,000 yuan (US$20,070) extra compensation to a student who had lost four fingers in an accident.
The student, surnamed Li, hails from a countryside in Sichuan Province. His parents, who are migrant workers in the city, enrolled him at a secondary vocational school in Shanghai. In July 2013, Li was assigned to do internship in a factory, where he was overworked.
On November 1 the same year, while changing a spare part, his right hand got stuck in a machine and he lost four fingers. Li blamed tiredness and overwork for the incident.
Li’s parents filed a case against the school and the factory. A court ordered the company to pay Li 70,000 yuan as compensation. The trial court came to the figure after taking his rural status into account. The disability compensation is based on per capita income while the rural income is much lower than the urban income.
The trial court also excused the school over the incident and ruled that the factory had to take 80 percent of the responsibility. It also held Li partly responsible for being careless.
But the appeal court did not support the view and said since Li was sent by the school to work in the factory, it should also be held responsible for the incident.
Besides, the rules on Shanghai’s primary and secondary school students on injury specify that compensation should be made on the basis of urban per capita income.
It ordered the factory and the school to pay 130,000 yuan more besides the 70,000 yuan to Li.
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