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HomeAll Real CasesEastern China Court Rules on Employee Injury Liability and Negligence Apportionment in a 91159.88 RMB Compensation Case

Eastern China Court Rules on Employee Injury Liability and Negligence Apportionment in a 91159.88 RMB Compensation Case

All Real CasesMay 31, 2026 5 min read

Eastern China Court Rules on Employee Injury Liability and Negligence Apportionment in a 91159.88 RMB Compensation Case

Case Overview

In a civil judgment from a court in Eastern China, a dispute arose between an employer and an employee regarding compensation for injuries sustained during a work-related traffic accident. The plaintiff, Mr. Wang, sought damages from his employer, Mr. Zhu, for injuries suffered while driving a delivery truck. The court examined the nature of the employment relationship, the employee’s own negligence, and the extent of the employer’s liability. The court ultimately ordered the employer to pay 80 percent of the total verified losses, amounting to 91,159.88 RMB, while finding the employee bore 20 percent of the responsibility for his own injuries.

Case Background and Facts

In May 2009, Mr. Zhu hired Mr. Wang to drive a medium box-type truck. On July 20, 2009, Mr. Wang was returning from a delivery when he drove the truck through an intersection in Eastern China. He collided with the rear of a heavy semi-trailer truck that was stopped in the motor vehicle lane waiting for a traffic signal. The traffic police determined that Mr. Wang was driving while fatigued and failed to maintain a safe distance from the vehicle ahead. The accident report assigned full responsibility for the collision to Mr. Wang.

Mr. Wang sustained significant injuries and received both inpatient and outpatient treatment. A judicial appraisal later classified his injuries as a Level 9 disability. He also required a period of recuperation, nursing, and nutritional support. Mr. Wang subsequently filed a lawsuit against his employer, Mr. Zhu, claiming compensation for medical expenses, disability compensation, lost wages, and other related costs.

Court Proceedings and Evidence

The court heard the case in a public trial. Mr. Wang presented multiple pieces of evidence to support his claim. This evidence included the official traffic accident report, medical records and invoices, a judicial appraisal report, and documents related to his dependents. Mr. Zhu acknowledged the employment relationship but argued that Mr. Wang should bear full responsibility for the accident because it was caused by his own negligence. Mr. Zhu also challenged the amount of certain claimed expenses, including the disability rating, lost wages, and transportation costs.

The court reviewed all evidence. The court accepted the traffic accident report, medical records, and the judicial appraisal as valid evidence. Regarding transportation costs, the court adjusted the claimed amount to 500 RMB based on the circumstances of the case. The court also noted that a prior judgment had already addressed some of Mr. Wang’s earlier medical expenses, and the current case focused on subsequent losses.

Court Findings and Judgment

The court found that an employment relationship existed between Mr. Wang and Mr. Zhu. Under relevant law, an employer is liable for injuries an employee suffers while performing work duties. However, the court also found that Mr. Wang had committed a major error by driving while fatigued and failing to maintain a safe distance, which directly caused the accident. This major negligence on the part of the employee allowed the court to reduce the employer’s liability.

The court calculated Mr. Wang’s total verified losses to be 113,949.85 RMB. This amount included medical expenses, disability compensation, lost wages, nursing fees, nutritional support, transportation, appraisal fees, and support for his dependents. The court determined that Mr. Zhu should bear 80 percent of this total, which equaled 91,159.88 RMB. The court dismissed Mr. Wang’s claim for additional mental distress damages, reasoning that the employer’s liability in such cases is based on a no-fault principle and the employee had not proven any fault by the employer in causing the accident.

Key Legal Principles

This case illustrates the principle of employer vicarious liability for injuries sustained by employees during the course of employment. The court applied the rule that an employer is responsible for compensating an employee for work-related injuries. However, the court also applied the principle of contributory negligence. When an employee’s own major negligence contributes to the injury, the employer’s liability can be reduced proportionally. The court balanced the employer’s duty to provide a safe working environment with the employee’s duty to exercise reasonable care for his own safety.

Practical Insights

This case offers several lessons for both employers and employees. Employers should be aware that they can be held financially responsible for injuries their employees suffer on the job, even if the employer was not directly at fault. This risk underscores the importance of having proper insurance coverage and implementing safety protocols. Employees should understand that their own careless or reckless actions can reduce the amount of compensation they may receive from their employer. Exercising caution and following safety rules is not only important for personal safety but also can affect legal rights in the event of an accident.

Legal References

The court’s decision was based on the following legal provisions:
Article 128 of the Civil Procedure Law of the People’s Republic of China
Article 131 of the General Principles of the Civil Law of the People’s Republic of China
Articles 2, 17, 19, 20, 21, 22, 23, 24, 25, and 28 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific legal matters.

This article is rewritten from public court documents for general reading only. It does not constitute legal advice. Consult a qualified attorney for specific legal matters.

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