Worker Injured by Falling Concrete Pump Part: Court Awards 5,286.9 Yuan in Personal Injury Damages

Worker Injured by Falling Concrete Pump Part: Court Awards 5,286.9 Yuan in Personal Injury Damages

Case Overview

A civil court in Eastern China ruled in favor of a construction worker who was injured when a concrete pump hose detached from a company vehicle and struck his leg. The court held the defendant company liable for the injury caused by its employee’s negligent operation of the equipment. The plaintiff was awarded 5,286.9 yuan in damages for medical expenses, lost wages, and transportation costs, with a deduction for partial payments already received.

Case Background and Facts

The plaintiff, Mr. Zhang, was a casual laborer working at a factory construction site. On March 17, 2010, he was assisting with concrete pouring when a concrete pump truck owned by the defendant company, Anhui Furui Feng New Building Materials Co., Ltd., arrived at the site. During the pouring operation, a rubber hose detached from the pump truck and struck Mr. Zhang on his left thigh. The incident was witnessed by other workers, including a company employee named Mr. Liu and the site supervisor, Mr. Han.

After the accident, Mr. Zhang was taken to a local hospital where he was diagnosed with a soft tissue injury to his left thigh. The doctor recommended hospitalization and bed rest for one month, but Mr. Zhang opted for outpatient treatment. Over the following weeks, he sought treatment at multiple medical facilities and purchased medication from a pharmacy, incurring total medical expenses of 1,466.9 yuan. He claimed he was unable to work for 90 days and sought compensation for lost wages, nursing care, nutrition, transportation, and emotional distress.

Court Proceedings and Evidence

The case was filed on December 16, 2010, and heard by a single judge in a simplified trial. Both parties appeared with legal representatives. The plaintiff submitted evidence including medical records, diagnostic certificates, pharmacy receipts, transportation receipts, and a police report confirming the accident. He also provided witness testimony from Mr. Liu (the defendant’s employee) and Mr. Han (the site supervisor). Mr. Han confirmed that Mr. Zhang was his employee earning 60 yuan per day and that the company had given him 2,000 yuan for medical expenses, of which 1,500 yuan was paid to Mr. Zhang.

The defendant argued that the accident was caused by unstable ground conditions, not intentional conduct. They submitted a letter written by the plaintiff in November 2010 seeking 9,400 yuan in settlement, which the court admitted as evidence. The defendant disputed the plaintiff’s claims for extended rest and certain medical expenses, arguing that the plaintiff had changed hospitals without authorization.

The court reviewed all evidence. It found the medical records and receipts credible but rejected the plaintiff’s claim for 90 days of rest as unsupported. The transportation receipts were also deemed insufficient, so the court estimated a reasonable amount. The defendant’s evidence was accepted as authentic.

Court Findings and Judgment

The court found that the defendant company was liable for the injury caused by its employee while operating company equipment. The hose detachment resulted from inadequate safety precautions during the concrete pouring operation. This constituted a violation of the plaintiff’s right to health.

The court calculated the damages as follows: medical expenses of 1,466.9 yuan, lost wages of 3,420 yuan (57 days at 60 yuan per day from March 17 to May 12, based on the last medical recommendation for one month of rest), and transportation costs of 400 yuan, totaling 5,286.9 yuan. The court deducted the 1,500 yuan already paid by the defendant, leaving a balance of 3,786.9 yuan.

The court rejected the plaintiff’s claims for nursing care, nutrition, and emotional distress damages, finding no medical evidence supporting the need for nursing or nutritional supplements, and noting that the injury was minor. The court ordered the defendant to pay the remaining amount within ten days of the judgment. Both parties were ordered to share the court costs.

Key Legal Principles

The court applied the principle that an employer is vicariously liable for injuries caused by its employees while acting within the scope of their employment. Under the General Principles of Civil Law, a person who infringes upon another’s right to health must compensate for medical expenses, lost income, and other reasonable losses. The court also relied on the Judicial Interpretation on Personal Injury Compensation, which provides guidance on calculating damages, including the requirement that lost wages be based on actual income and the period of medically confirmed inability to work.

Practical Insights

This case illustrates that workers injured by defective or improperly operated equipment on a job site can hold the equipment owner liable, even if the worker is not directly employed by that company. It also shows that courts will scrutinize claims for extended rest periods and will only award damages supported by medical documentation. Plaintiffs should keep all medical receipts and obtain clear written recommendations from doctors regarding work restrictions. Additionally, any partial payments received should be documented, as they will be deducted from the final award.

Legal References

General Principles of the Civil Law of the People’s Republic of China: Articles 106 (paragraph 1), 119, and 121. Supreme People’s Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Articles 8 (paragraph 1), 18 (paragraph 1), and 31 (paragraph 1).

Disclaimer

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