What's wrong with this lawyer?!
Chapter 246 Tang Fangjing is Back!
Having not worked on a case for so long, Old Tang honestly felt quite stifled.
He wanted to vent, and honestly, this case could only warm him up.
Old Tang was well aware that during his year away, both online and in reality, many had shown their true colors, but it didn't matter, the year he spent recovering wasn't wasted doing nothing.
All these past issues, he planned to settle them one by one, anyway, he was idle, and while working on cases, he might as well take care of these issues, killing two birds with one stone.
Now, Yang Tiezhi across from him was still bewildered, he couldn't understand why Lawyer Tang said that once the injury was confirmed as a work-related injury, the rest would be easy to handle.
Old Tang lifted his tea and took another sip, and you know what, the stuff Old Han sent over wasn't bad at all, even someone like him who didn't know tea could taste its quality, so it certainly couldn't be bad.
There was no helping it, every time Old Han visited him in the hospital, he would never come empty-handed.
Even Old Tang himself felt a bit embarrassed, it's really difficult for me with you doing this...
Seeing Yang Tiezhi still looking confused, Old Tang put down his teacup and said, "You don't need to think too complexly, it's really quite simple."
"First, let me ask you, if we can determine that you have a work-related injury, what does that imply?"
Perhaps because he hadn't worked on a case for a year, Old Tang's style of speaking had changed from before; facing such a minor case, he used to just give direct instructions and then get to work.
"It means... that for the money I spent at the hospital, the insurance will reimburse me, right?" Yang Tiezhi considered for a moment before speaking.
His medical expenses amounted to just over a thousand yuan, which was a minor sum considering his current problems, but Yang Tiezhi didn't mention that; he had a lot of faith in Tang Fangjing in front of him!
Despite the fact that the other party had been out of the public eye for a year and seemed to have lost his online presence, Yang Tiezhi didn't see it that way.
His previous job had a certain technical nature, so in his opinion, although Lawyer Tang may not be as famous as before, he was still Lawyer Tang!
It was his expertise that brought people to him!
That's the charm of such professions; they become internet sensations perhaps due to good fortune, and if their popularity fades, it doesn't really mean anything.
Fame can sometimes be a matter of luck.
But the skills that have been acquired do not vanish.
Old Tang was unaware of Yang Tiezhi's thoughts; he just smiled after listening to his words, which reflected the common perspective on work injury recognition, and this understanding was not flawed at all.
"That's one aspect, on the other hand, can we say that what you did at that time was all for work?"
"The Regulations on Work-Related Injury Insurance," lengthy with sixty-seven articles, revolve around one core concept: whether your injury was caused by work.
Included is the commonly mentioned scenario where someone gets into a traffic accident on the way to or from work without being primarily at fault; it is also considered a work-related injury, based on the same principle.
Why do you take transportation to and from work, for the scenery along the way? No, of course not.
I do it for work, and since it's for work, naturally, the injury should be deemed work-related.
Old Tang's current approach was to reverse-engineer this logic.
Yang Tiezhi still didn't understand, or perhaps he was confused; he naturally thought that waking up the other person was for work, but he was lost with this roundabout explanation.
Old Tang continued, "Since the actions taken at the time were for work, then, if a conflict arising from work reasons leads to the other person's injury, according to the regulations, your company should bear the responsibility!"
"The Civil Code" Article 1191 stipulates that if an employee causes harm to others while executing work tasks, the employer shall bear tort liability. After the employer has assumed tort liability, it may seek compensation from the employee if they acted intentionally or with gross negligence.
As for whether Yang Tiezhi acted intentionally or with gross negligence, that was an even simpler issue.
He knocked on the door for work, the other person started cursing and then initiated the physical altercation. Although the court ordered Yang Tiezhi to pay thirty thousand yuan, this was certainly a discretionary decision.
Lawyer Tang could guess this without seeing the judgment document.
Moreover, some of that thirty thousand yuan would have consisted of lost wages, as the other party was a captain and was hospitalized for the injury, which would not have left him bereft of lost wages compensation.
As for why it was a mutual fight and yet the other side didn't compensate Yang Tiezhi, that was because he did not file a lawsuit.
Many people don't understand why the court, despite being aware of the situation, would only judge one party and ignore the other.
You could think of the court as a top that needs a whip to move.
They will give you advice to file a separate lawsuit, but if you don't sue, they won't take the initiative to act.
This isn't a characteristic unique to our country's courts but a feature of judiciary systems worldwide.
Basically, anyone who has studied jurisprudence understands that judiciary has a passive nature, also known as passivity, which means the initiation of judicial intervention is not active but passively waiting.
File a lawsuit with it, and it proceeds to judgment; report a crime to it, and it punishes the offender; request it to correct an unlawful act, and it will rectify the situation.
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