233: How dare you say that?

Regarding the 48-hour rule, Zhou Yun’s personal view is that it is the most reasonable regulation currently available.

Because you temporarily can’t think of a more reasonable or logical regulation method than this.

Of course, what is most reasonable now does not mean it is completely reasonable; it also has many problems, which is why Zhou Yun would say something like that.

Many people worry that if the 48-hour limit is exceeded, some people will stay in the ICU for a long time, or even collude with hospitals for insurance fraud…

Actually, there’s no need to worry about this. Why? Because work-related injury compensation is not like the full reimbursement for old cadres; it’s a fixed amount.

The 48 hours we are talking about here applies when a work-related death occurs, meaning it’s only calculated if the person dies.

The compensation at this time is a fixed amount, divided into three parts: a one-time work-related death subsidy, funeral expenses subsidy, and a dependent support pension.

The one-time work-related death subsidy is 20 times the per capita disposable income of urban residents nationwide in the previous year, which is roughly 1.08 million this year.

The funeral expenses subsidy is six months of the average monthly wage of employees in the unified area for the previous year. It varies by region, usually tens of thousands of yuan.

The dependent support pension is calculated based on the deceased’s salary: 40% for the spouse and 30% for other relatives.

But don’t think too much, this can only be received if one has no working capacity. It is very difficult for a normal person to be identified as having no working capacity.

So, you can see that you can stay in the ICU at the hospital for as long as you want, even a hundred days, but the compensation amount is fixed.

If the person does not die, that’s a different process; here we are only talking about work-related death.

As for colluding with hospitals for insurance fraud… if this is discovered, it’s not only a crime, but the fraudulently obtained money must be returned, and there will be a fine of two to five times the amount!

Guo Xifeng actually wanted to ask if the other party was dissatisfied with this regulation, but after hesitating, he still chose not to speak.

Because on the surface, the other party seemed to be criticizing, but in reality, he wasn’t criticizing, or rather, he was criticizing in a way that wasn’t direct.

In this situation, he couldn’t even retort, as the other party was merely stating a current situation.

So he could only remain silent.

The Presiding Judge seemed to be writing something down with her head bowed. When she heard silence, she looked up and said, “Finished? Then the defense can begin its statement.”

Mao Wentao cleared his throat and began to speak, “Our side believes the plaintiff’s view is problematic. The Work-Related Injury Insurance Regulations explicitly state that only rescue within 48 hours can be considered a work-related injury.”

“However, the other party has clearly exceeded 48 hours, so it certainly cannot be recognized as a work-related injury. Regarding the aforementioned legal provision, our side believes it should not be interpreted broadly without authorization.”

He was sticking to this point: since the law specifies 48 hours, it must be strictly followed.

What you are saying makes no sense.

Since the law does not specify it, we cannot arbitrarily make a broad interpretation.

This statement itself has no problem. The law is a very serious thing; it requires careful scrutiny of words and phrases. Generally speaking, it cannot be interpreted broadly; it must be judged based on semantics.

It was Zhou Yun’s turn again, and his viewpoint was also not complicated.

“We are not making a broad interpretation without authorization here, but rather arguing based on the legislative spirit and the specific facts of the case.”

“The rescue efforts by Duan Liwei’s family and the hospital, which exceeded 48 hours, were based on social ethics, family ties, and the doctors’ professional ethics of ‘saving lives and healing the wounded, never giving up easily,’ reflecting respect for life.”

In a word, specific cases require specific analysis; one cannot generalize from a single instance.

“I believe that work-related injury recognition and work-related injury insurance cases concern the protection of workers’ rights, and relate to people’s livelihoods and social harmony and stability. The process of applying legal rules is essentially a process of weighing the interests of all parties involved.”

“Therefore, we need to fully investigate the facts of the case and then consider whose interests are more deserving of protection, thereby making a value judgment that integrates reason, law, and emotion, and aligns with the spirit of the rule of law.”

Hearing this, Guo Xifeng and Mao Wentao’s mouths dropped open in surprise. That person opposite… there’s something wrong with him, isn’t there? Is that something you can say in Court?

Why? Because Zhou Yun’s words directly revealed the essence of law and litigation.

What is law? It is a tool for the ruling class to maintain its rule. What is the process of applying law? To put it bluntly, it is to weigh the interests of both parties.

“Oh, look at this case, which side needs more protection? Then lean towards that side, it’s that simple. This is the essence of applying law in civil cases.”

“Based on facts, with the law as the criterion?”

There’s nothing wrong with that statement, but the question is, which comes first, which comes second?

Many industry insiders joke that when judges rule on cases, they first have the judgment result and then find the legal basis. This is a joke, but at the same time, it’s not. Here, truly, those who understand, understand.

Stability is the most important; stability can override everything.

Of course, these are all rules, and a shyster like Zhou Yun is best at using these rules to gain the maximum benefit for his client.

Guo Xifeng looked at the Presiding Judge nervously. She didn’t stop him? Can such words be spoken openly?

However, the Presiding Judge remained silent, letting Zhou Yun speak quietly.

Zhou Yun spoke volubly for a long time, and then said, “Alright, my statement is complete. I request the Court to support my claims.”

The Presiding Judge then seemed to awaken from a dream and said, “Oh, good. Do you, the defendant, have anything to add?”

Mao Wentao opened his mouth but decided not to say anything more. The person opposite was definitely a lunatic.

Everyone understands some things, but you absolutely cannot say them openly. Yet the other party just said it directly.

So Mao Wentao said, “I request the Court to dismiss the other party’s claims.”

What else could he say? He could only say that.

The Presiding Judge announced an adjournment, with sentencing to be scheduled for a later date, then left expressionlessly… What could she say? She could only say that.

This case is both simple and not simple, so what to do? Report it, what else can be done? Let the leaders discuss it.

She was inclined to support the claim, which means considering it a work-related injury.

Because Zhou Yun’s words indeed made sense. The circumstances in this case truly need to conform to the legislative spirit to provide protection for workers.

It could also punish companies that evade labor relations through various means.

She was very clear that Lawyer Zhou had put in a great deal of effort just to establish the labor relationship and had only managed to reach this point with great difficulty.

You talk about fairness, is this fair? This in itself is the greatest unfairness.

Such a small matter as establishing a labor relationship, yet it went through so many procedures.

That was also because Zhou Yun had high professional competence and directly found the key issue. If it were another lawyer, then just wait, it would be good if they could establish the labor relationship for you in a year.

But for now, let the leaders decide how to rule.

Zhou Yun left with Sun Yiling. Sun Yiling hadn’t said a word from beginning to end.

Now that they had left the Court, Zhou Yun said, “Ms. Sun, that’s the situation. No one said your previous rescue efforts were wrong. In the current general environment, frankly, your actions need to be supported.”

What kind of general environment? Gender antagonism, increasing divorce rates, making people feel that marriage is almost becoming a purely transactional relationship.

And in such circumstances, Sun Yiling, knowing that continuing to save might result in losing both the person and the money, still chose to continue the treatment without hesitation.

This truly needs support. It’s also time for some people who have made so much ill-gotten wealth to spit some of it out.