Street cleaner denied injury insurance coverage
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E-mail CRI, May 17, 2012
A 49-year-old street cleaner who suffered a cerebral hemorrhage while sweeping pavements has been denied work-related injury insurance coverage and compensation by her employer, a city management bureau in the northeastern city of Harbin.
![Zhang Zhijuan cleaning up the street in the northeastern city of Harbin [Photo / northeast web]](http://images.china.cn/attachement/jpg/site1007/20120517/0019b93bd68d111e9a2207.jpg "Zhang Zhijuan cleaning up the street in the northeastern city of Harbin [Photo / northeast web]") |
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Zhang Zhijuan cleaning up the street in the northeastern city of Harbin [Photo / northeast web] |
The bureau refused to cover her medical bills with its work-related injury insurance fund on the grounds that the fund only covers those who actually die at work, either of an accident or due to a sudden case involving a physical condition.
The refusal to pay out has exposed the working conditions of sanitation workers and has led to law experts speaking out in order to clarify what is covered by work-related injury insurance, Northeast Web reports.
Zhang Zhijuan has been cleaning streets for over 20 years after starting her job as a sanitation worker at the age of 28.
Her duties involve cleaning up one main street for four hours from 4 am to 8 am in the morning and after a break resuming work for another 5 hours from 12 pm to 5 pm.
Her daily routine was interrupted earlier this year when on an extremely cold winter's morning in February, she experienced a brain hemorrhage and was rushed to a nearby hospital for emergency treatment.
Her life was saved, but she was left with 40,000 yuan worth of medical bills following her life-saving operation. She faces another operation arranged for this autumn but as a result is no longer able to afford the small rented room in which she used to live.
Zhang was desperate for any form of financial help that she could receive following her accident. Her older sister who owns a 40 square meter room has offered her a place to stay.
Many other relatives and co-workers have lent her money to help her afford the cost of treatment.
When she turned to her employer, the city management bureau, she was only offered a "consolation allowance" of 2,000 yuan.
Zhang was advised by many friends to ask the bureau to pay for her mounting medical bills since many believed that her case would be covered by the company's work-related injury insurance policy.
What's more, following more than twenty years worth of contribution to the bureau, many thought that she would be entitled to a certain amount of compensation after being struck down while working.
The bureau however, turned Zhang's case down, stating that it would amount to a breach in the law to allow her access to the work-related injury insurance fund.
Li Liangchuan, director at the bureau, told Zhang's sister that only those who died at work, died within 48 hours after an accident at work, or those who had a sudden case involving a physical condition qualified for work-related injury insurance coverage.
Further complaints have all been turned down.
Wang Jiying, a well-known legal expert in Heilongjiang Province says that Zhang's case is a perfect fit for work-related injury insurance coverage.
According to Wang, the bureau for which Zhang works for is liable to pay all Zhang's medical bills and other forms of compensation.
According to the country's labor law, Zhang may not represent a typical victim of work-related injury, but she is sufficiently covered by the term work-related injury, Wang says.
Wang also asserts that the city management bureau has already broken the labor law since Zhang has worked for more than 8 hours on a daily basis without receiving compensation for overtime.
Over a period of 20 years, this would amount to a serious violation of the labor law and in effect would qualify as the main reason for Zhang's physical deterioration.
Furthermore, Wang says the bureau has deliberately twisted the legal definition of a work-related injury.
The work-related injury article specifies that an accident or a sudden physical condition at the time of work should be involved; meanwhile, the working duties should be for the public good.
Zhang's hemorrhage occurred as she was carrying out her duties and her work falls within the remit of serving the public good.
Wang says that on these grounds the bureau should bear all medical costs for Zhang's work-related injury while also covering all forms of work-related compensation.
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