On the morning of May 24, the litigant Ms. Li and her mother visited Fortune Law Firm and presented a silk banner to Esq. Xu Qianqian to express the gratitude of her whole family.

        The matter started from February 27, 2016. Ms. Li, not yet 20 years old, was knocked down by a small wagon travelling from the east to the south on the way home on the day off and lost consciousness. She had only one elder sister in Beijing who had taken care of her since she followed the sister to work in Beijing at a very young age. It was Saturday, when the company required her to work overtime. She felt sick after she arrived at the company after 8:00, and she asked for leave after 10:00. Since the residence was near the company and the company bus would only be available at fixed time, she chose to go home on foot. However, she was knocked down and injured unexpectedly. 

  
       It was in May last year when Esq. Xu Qianqian of Fortune Law Firm received the phone call from her sister, who inquired about the way to handle the situation. Obviously, this was one of the many consultation phone calls Ms. Xu received. She answered concisely as usual, “What time did this happen? You may contact the company to apply for occupational injury for her.” Her sister talked to the company, and the company did not think that it was occupational injury and refused to apply for her. So, Ms. Li and her relative came to the law firm to entrust the lawyer to deal with the case.
   
       Just like all the other cases, Ms. Xu got to know the case situation comprehensively, required the relatives to provide the necessary case materials, and started to apply for occupational injury. Occupational injury certification was very complicated. It was normally applied by the employer within one month after the date of injury, which was an easier way. If the worker applied personally, it would be difficult. The staff of Occupational Injury Certification Division needed to carefully inspect the materials and confirm whether it was occupational injury with repeated talks to avoid that the employer filed a lawsuit. And it was difficult this time. After the relatives’ entrustment, Ms. Xu also tried to talk to the company and require it to apply for occupational injury. She also asked the staff of Occupational Injury Certification Division to contact the company. However, the feedbacks were all the same. The company did not think it was occupational injury and refused to apply.
    
      In June 2016, all the materials were prepared and then submitted to Human Resources and Social Security Bureau of Development Zone as the application. The staff of Human Resources and Social Security Bureau were very careful since each of the around dozen kinds of materials needed to be carefully inspected, verified by page and then signed, including the application form, diagnosis certificate, case report, and accident certification. During the period, the staff of Occupational Injury Certification Division called the litigant and the relatives for talks to work on the case more meticulously, and informed them that the company did not think that Ms. Li was on duty and asked for leave on the day of accident. So, she looked for the evidence to prove that Ms. Li attended the work and asked for leave on that day and inquired of her colleagues for corroboration; she made a trip from the company to her home on foot to prove that the normal walking speed on that day could allow her to reach the accident spot from the company; she dealt with the temporary residence permit post-register in the police station to prove that Ms. Li resided at the rent house at the location; she extracted the vehicle dispatching record in 999 Emergency Center of Qinghe to prove the vehicle dispatching time of 999 and so on. With the efforts for several months, we finally received the phone call from Human Resources and Social Security Bureau at the end of August, which informed of the collection of occupational injury resolution and occupational injury certificate.
  
        After the collection of occupational injury certificate, Ms. Xu postponed the time for the application of labor ability assessment after occupational injury according to her experience because Ms. Li had the majority of the injuries on the head, and did not receive operation treatment during her stay in hospital. And the damage to the head tended to be invisible but had great influence on the mood, memory and intelligence of the patient. So, Ms. Xu decided to take Ms. Li and her relatives to do relevant tests of intelligence quotient and memory quotient in Peking University Sixth Hospital, which was the most authoritative in this field in the country. Before, Human Resources and Social Security Bureau also designated this hospital for the examination for the litigant. To avoid the delay of plenty of time caused by the test number queuing after the application submission, she went to the hospital for appointment with the relatives upon the collection of occupational injury certificate. (The relatives came from their home in Shanxi and also visited Peking University Sixth Hospital. But they were driven away possibly due to the expression problem. Moreover, the relatives were not familiar with Beijing, and she dealt with every matter in person with them.) The test was reserved on January 17, 2017. As expected, the test result was: very poor memory and edge intelligence. On February 28, she accompanied Ms. Li for the labor assessment in Human Resources and Social Security Bureau; on March 8, we received the phone call from Human Resources and Social Security Bureau for the collection of labor ability assessment and confirmed conclusion notification, which stated that the injured reached occupational injury and Class 6 of disability caused by occupational disease. After the receipt of this result, we felt that the efforts for this period were paid off and the next step was to negotiate with the company for the compensation.
   
       Still like other cases, Ms. Xu drafted the compensation program and negotiated with the company. The company also actively responded to us, which was possibly attributed to the notice sent to them by Human Resources and Social Security Bureau, making them feel the only choice is to follow the legal procedures. Initially, she planned to solve the case in the form of compensation collection by Ms. Li, including once-off disability subsidy and keeping of labor relation. However, Ms. Li and the relatives were willing to solve the case once off with termination of labor relation and the company also wished to solve the matter once off. On May 23, 2017, we reached agreement with the company South Korean leader and chief human resources officer in the company conference room. The documents including the once-off occupational injury agreement were signed and the total compensation amount reached RMB 380,000.
   
        After leaving the company, Ms. Xu took a relieving breath since the case was finally resolved. Ms. Li’s mother took out a small bag of millet from her backpack, gave to her and said, “This was grown from our own field. We have only an annual income of several thousand yuan from the rural life in the small county of Shanxi. You walked up and down for us. We really appreciate your help. Without you, we know nothing about the way to solve it.” Ms. Xu modestly declined her offer and was surprised at her words. What gratified her was that no matter what life standard they had, they still had the legal awareness, and knew to find a lawyer to solve the dispute. Maybe this was the progress of rule of law of China. Ms. Xu felt that she only did what she should do when seeing their satisfied smiles. For the lawyers, there were no small cases and every case should be handled with conscientiousness!

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