The arduous battle for rights protection has finally achieved a complete victory, safeguarding the rights and interests of workers

The party involved, Lu Moumou, presented a banner full of gratitude to Chen Deguang, a lawyer from Jinyan Law Firm, to express his appreciation for his full assistance on his journey of safeguarding his rights. From the arduous determination of the labor relationship to the clear confirmation of the work-related injury fact, and then to the precise calculation of the amount of disability compensation, every step is full of challenges. Especially when the involved enterprise has already entered the complex situation of bankruptcy liquidation, it is even more difficult to protect one's rights. However, with his professional legal expertise and unremitting efforts, Lawyer Chen overcame numerous difficulties layer by layer and eventually successfully secured full work-related injury compensation for Lu Moumou, effectively safeguarding the legitimate rights and interests of the party involved. This weighty banner is not only a high recognition of Lawyer Chen's professional ability, but also a sincere gratitude for his responsible attitude.

Basic case details

In June 2020, Lu Moumou was hired by a certain company in Henan Province and joined the company's engineering installation department, where he was engaged in the installation of refrigeration equipment. However, the company did not sign a written labor contract with Lu Moumou, which sowed the seeds for subsequent disputes.

On the morning of July 29 of the same year, Lu Moumou, as arranged by the company, went to a certain food factory in Yanjin County, Xinxiang to install refrigeration and freezing equipment. During the process of installing the equipment pipeline, he unfortunately fell from the shelf and got injured, resulting in vertebral compression fracture, vertebral bone contusion, skin contusion and laceration, as well as soft tissue injury. Subsequently, Lu Moumou was hospitalized for treatment at the People's Hospital of Yanjin County and the People's Hospital of Machun District, Jiaozuo City for more than three months.

At first, the company paid part of the medical expenses in advance, but after that, it no longer covered the costs, stopped paying the salary, and showed no concern for Lu Moumou's injury. During this period, Lu Moumou called the company many times but no one answered. After being discharged from the hospital, he went to the company to negotiate compensation matters, but the security guards stopped him from entering. After the family of Lu Moumou reported the situation to the relevant departments, the feedback they received was that there was no labor contract, and it was impossible to prove the labor relationship or recognize it as a work-related injury. This left Lu Moumou in a difficult situation with no way to protect his rights.

The course of the case handling

In desperation, Lu Moumou found Chen Deguang, a lawyer from Jinyan Law Firm, through a friend's introduction. After taking over the case, the first challenge Chen faced was how to prove that there was a labor relationship between Lu Moumou and a certain company in Henan.

Lawyer Chen inquired in detail about the daily work arrangement method of Lu Moumou's company and learned that the company sometimes assigned work by phone and sometimes through wechat. Lawyer Chen immediately asked Lu Moumou to open his mobile phone to check the relevant content. He found that there were two wechat groups closely related to work on his phone, one was the company's general group and the other was the company's engineering installation department group. Although Lu Moumou has been working for a short time, the content of these two wechat groups has already reached several hundred pages. By carefully reviewing the content of the wechat group, Lawyer Chen unearthed a series of highly valuable key pieces of evidence: 1. An attendance sheet of a certain company in Henan Province from July 26, 2020 to August 25, 2020, clearly showing that Lu Moumou worked normally on July 26, 27, 28, and 29, 2020. 2. Three internal business sticky notes with the seal of a certain company in Henan Province, and one comprehensive tax declaration completion rate monitoring - natural person list. This list records the staff roster of a certain company in Henan Province from 2020 to April 26, 2021, for the individual income tax declaration. It clearly includes the name of Lu Moumou, proving that Lu Moumou has been an employee of the company since June 2020. 3. A list of welfare benefits for the current employees of the installation department of a certain company in Henan Province, with Lu Moumou's name also included, further confirms the existence of a labor relationship between the two parties since June 2020. In addition, the home page of the individual income tax APP on Lu Moumou's mobile phone shows that from June to November 2020, the company that paid Lu Moumou's salary was a certain company in Henan Province, and the withholding agent for Lu Moumou's individual income tax on his salary and wages was also this company.

As several months have passed since the incident, the relationship between Lu Moumou and the company has deteriorated. The company may kick Lu Moumou out of the wechat group at any time. Meanwhile, the lawsuit will take a long time and key evidence may be lost due to reasons such as changing mobile phones. Lawyer Chen keenly realized the severity of the problem and immediately suggested that Lu Moumou go to the notary office to have these pieces of evidence notarized. It has been proven that this measure is of vital importance. The day after Lu Moumou completed the notarization of the evidence at the notary office, a certain company in Henan Province kicked Lu Moumou out of the wechat group. Had it been one day later, these key pieces of evidence would have been difficult to obtain, and it would have been extremely challenging to determine the labor relationship and work-related injury.

Case handling result

Based on these solid pieces of evidence, Lawyer Chen filed a labor arbitration with the Labor and Personnel Dispute Arbitration Committee of Jiaozuo City. Although during the court hearing, a certain company from Henan Province strongly denied the existence of a labor relationship between the two parties, in the face of strong evidence, its denial seemed powerless.

On June 11, 2021, the Labor and Personnel Dispute Arbitration Committee of Jiaozuo City issued an arbitration award, legally determining that "the applicant Lu Moumou and the respondent Henan Company have had a labor relationship since June 2020."

After obtaining the ruling confirming the existence of a labor relationship, Lawyer Chen applied to the Human Resources and Social Security Bureau of Jiefang District, Jiaozuo City for a work-related injury determination. During the initial evidence collection process, he had already obtained the attendance sheets of a certain company in Henan Province from July 26, 2020 to August 25, 2020. This table proved that Lu Moumou was on duty when he was injured in the fall on the morning of July 29, 2020. After further investigation by the work-related injury determination department and obtaining other auxiliary evidence, on November 26, 2021, the Human Resources and Social Security Bureau of Jiefang District, Jiaozuo City, issued a work-related injury determination, recognizing that the accident injury suffered by Lu Moumou was a work-related injury.

In 2022, Lu Moumou underwent a labor capacity assessment, and the result was a ninth-level disability. Lawyer Chen calculated the compensation amount in accordance with the law. According to the regular procedure, the case should have entered the stage of prosecution and judgment, and the compensation made by a certain company in Henan Province would have been sufficient. Even if it involves enforcement, as long as the company operates normally, it won't take too long.

However, when preparing to file a lawsuit again, Lawyer Chen learned that a certain company in Henan had entered the bankruptcy process. Once a company enters the bankruptcy process, not only is the compensation time far away, but also whether it can receive the full amount of compensation and what proportion of compensation it can receive become unknown. Usually, the proportion that can be obtained is relatively low.

Lawyer Chen actively engaged in contact and negotiation with the bankruptcy administrator and learned that before entering the bankruptcy process, there had been dozens of effective judgments against a certain company in Henan. After entering the bankruptcy process, more than ten claims were legally registered. The compensation payment made by Lu Moumou is legally regarded as a laborer's claim. Besides secured claims, laborer's claims fall within the category of the first order of repayment. Fortunately, in this case, the amount of guaranteed claims is not large, and the amount included in the workers' claims together with the compensation paid by Lu Moumou is not too large. However, the bankruptcy proceedings have been progressing slowly, and two bankruptcy management contacts have been replaced in the middle. It was not until June 2025 that Lu Moumou finally received full compensation. Thanks to the persistent efforts of Lawyer Chen, this arduous case of rights protection has finally come to a successful conclusion.

Experience and inspiration

This case has brought us profound experience and enlightenment. First of all, going to court is essentially about obtaining evidence. Professional and outstanding lawyers from Jinyan, with their rich experience, start from the details and do their best to obtain key evidence. Through the solid evidence they have mastered, they lay a solid foundation for the victory of the case. Secondly, lawyers from Jin Yan, who possess a strong sense of responsibility and sufficient patience, persistently strive and meticulously unravel complex and difficult cases when dealing with them, ultimately achieving excellent results and effectively safeguarding the legitimate rights and interests of their clients.

Introduction to lawyers

Lawyer Chen Deguang is a senior practicing lawyer at Jinyan Law Firm. With a solid theoretical foundation in law and long-term judicial practice experience, he/she has a stable, efficient, meticulous and rigorous case-handling style, and has accumulated rich case-handling experience and skills, which have been highly praised by clients. Motto: "Pursue the maximization of the legitimate rights and interests of the parties involved."

Proficient in criminal cases, commercial and economic cases, non-litigation legal services, real estate, and corporate affairs.

Contact Information

Telephone: 13803919916

Email: Cdg668@163.com