Eastern China Court Rules Against Worker in Employment Injury and Wage Dispute

Eastern China Court Rules Against Worker in Employment Injury and Wage Dispute

CASE OVERVIEW
A civil court in Eastern China dismissed a claim from a retired worker who sought damages for personal injury and unpaid wages. The plaintiff, Mr. Li, alleged he was injured while working for a tobacco and grocery store and demanded compensation totaling 5,546.43 yuan. The court found insufficient evidence to prove an employment relationship or that the injury occurred during work.

CASE BACKGROUND AND FACTS
Mr. Li, a retiree born in 1957, stated that he started working for a tobacco and grocery store owned by Mr. Lin on February 14, 2009. He was referred by an employment agency. The daily wage was set at 40 yuan, and his duties involved delivering goods to customers. On March 13, 2009, Mr. Li claimed he fell from a tricycle while traveling to a warehouse, fracturing his left hand. He alleged that 28 days of wages totaling 1,120 yuan remained unpaid. After multiple outpatient visits, he took two months of sick leave. On September 28, 2010, Mr. Li said Mr. Lin asked him to return to work. He worked until October 23, 2010, but claimed wages for 26 days were never paid. He resigned and filed a lawsuit seeking 936.43 yuan in medical expenses, 50 yuan in transportation costs, 2,400 yuan in lost income, and 2,160 yuan in unpaid wages.

Mr. Lin denied all allegations. He argued that he was a retired worker and did not operate a tobacco store or employ anyone. He claimed Mr. Li’s hand injury resulted from a fall while doing farm work, unrelated to any employment.

COURT PROCEEDINGS AND EVIDENCE
Mr. Li submitted a certificate (copy) to show he was injured during employment and a medical record (copy) with 14 receipts for medical expenses. Mr. Lin provided a business license and a retirement certificate to show the store was operated by a different person, Ms. Lin Xingdi. He also submitted two certificates claiming the injury was unrelated to him.

During cross-examination, Mr. Li objected to Mr. Lin’s certificates. Mr. Lin challenged the authenticity of Mr. Li’s certificate and argued no connection between the injury and any work. The court examined all evidence. It found that the signature on Mr. Li’s certificate was not written by the certifier, so it could not be used as evidence. Mr. Lin’s certificates were also rejected because the witnesses did not appear in court. Other evidence without objections was accepted.

COURT FINDINGS AND JUDGMENT
The court established that on March 13, 2009, Mr. Li was riding an empty tricycle on a street in Eastern China when it overturned, causing him to injure his left elbow. He sought medical treatment afterward. The court also noted that Mr. Li was a retired worker and that the tobacco store was operated by Ms. Lin Xingdi, not Mr. Lin.

The court held that a party must provide evidence to support its claims. Mr. Li’s lawsuit involved both tort-based compensation and wage claims under a service contract. After the court explained the need to choose a legal basis, Mr. Li insisted on pursuing both. The court found that Mr. Li’s evidence did not prove he was injured during employment or that an employment relationship existed with Mr. Lin. Since Mr. Li bore the burden of proof and failed to meet it, he suffered the consequences.

The court ruled against Mr. Li, dismissing all claims. It ordered him to pay half of the court fee, 25 yuan of the original 50 yuan.

KEY LEGAL PRINCIPLES
Under Article 106 of the General Principles of the Civil Law, a party must prove fault or causation for tort liability. Article 64 of the Civil Procedure Law requires the claimant to provide evidence supporting its allegations. When evidence is insufficient, the court will not grant relief. This case also illustrates that a plaintiff must clearly choose a legal basis, whether tort or contract, when claiming damages.

PRACTICAL INSIGHTS
Workers in informal employment should obtain written contracts or clear proof of employment, such as pay records or witness statements. Injuries should be documented with medical reports and incident reports. Without strong evidence, courts may reject claims. Retirees taking up work should verify the employer’s identity and business registration. Legal action requires a clear legal theory, and mixing different claims without proper support can weaken a case.

LEGAL REFERENCES
General Principles of the Civil Law of the People’s Republic of China, Article 106, Paragraph 1
Civil Procedure Law of the People’s Republic of China (2007 Revision), Article 64, Paragraph 1

DISCLAIMER
This article is for informational purposes only and does not constitute legal advice. Laws may vary by jurisdiction. Readers should consult a qualified attorney for advice on specific legal matters.