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USAID-assisted Administrative Law Clinic helps worker get injury compensation after 10-year battle
A Breakthrough for Chinese Workers
Photo: The Asia Foundation / NUPL
Diao Zhixue (middle) stands outside the court in Xi'an with Zhong Ying (left) and another student who represented him in his worker compensation case.
"Thanks to the students, after ten years of grievances, I finally won. It's all because of the clinic. I really do not know how to express my gratitude. I will donate parts of my compensation to the poor students at your clinic to support their study."
- Mr. Diao, project beneficiary
China's work-related fatality rate remains high. Since 2007, almost 950,000 workers have been injured each year, with an average of 16,000 fatalities. Work-related injury certification has long been a disputed subject among workers, employers, and China's Labor and Social Security Bureaus which are the responsible government body. The certification process is cost-ly and lengthy, often taking years.
USAID assists administrative law clinics at three Chinese law schools who offer legal aid services to the public on cases related to infringement of administrative procedural rights. To date, students enrolled in these USAID-sponsored clinics have provided legal counseling to 522 Chinese citizens through telephone hotlines, consultations at drop-in counseling centers operated in the clinics, and public outreach activities in communities. Since the program's inception in 2008, they have brought 32 cases to trial with 16 victories, two losses, and 14 cases pending.
One citizen who benefited from the legal aid services is Diao Zhixue who, in 2000, suffered a concussion at the heavy ma-chinery factory where he worked and was hospitalized for months. Ten years later, Mr. Diao still suffers from dizziness and headaches as the result of his injury.
After ten years of continued struggle, Mr. Diao, in August 2009, was issued a certification confirmation from the district Human Resources and Social Security Bureau confirming the injury as work-related. The factory, however, still refused to provide compensation and filed an administrative claim against the certification.
The USAID-supported project, through its administrative legal aid clinic, jumped in to assist Mr. Diao with his legal issue. First, students at the clinic conducted an investigation and re-searched relevant laws and regulations. During the trial, the performance of two students representing Mr. Diao gained respect from the plaintiff's lawyer and even praise from the judge. The judge ruled in favor of Mr. Diao, rejecting the plaintiff's request and confirming the work injury certification. Shortly after the trial, and 10 years after his injury, Mr. Diao finally received his compensation.
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