Text / Wang Chunxiao
On the morning of March 18, a man jumped from the 10th floor of the outpatient building of the Chongyang County Hospital of Traditional Chinese Medicine in Hubei, hitting Ms. Lei, a 61-year-old cleaning worker downstairs, and then died on the spot. Ms. Lei suffered multiple fractures and contusions all over her body. He was rushed to Wuhan Tongji Hospital for rescue.
After more than 20 days of treatment, Ms. Lei is now sober, but has not been out of danger so far. On April 12, Ms. Lei’s son Zou Wu told China News Weekly that in the past month, the mother’s medical expenses had exceeded 200,000 yuan, and the daily cost was between 8,000 and 10,000 yuan. Next, the mother will need to have surgery, but the cost of the surgery is still not there.
Misfortune comes from the sky, is Ms. Lei a work-related injury? Who should the family members ask for an explanation?
It is understood that Ms. Lei belongs to a cleaner dispatched by an outsourcing company to the hospital, and the man who jumped off the building is neither an employee of the hospital nor a patient in the hospital. The hospital said that the cleaners were innocent when this happened, but they were also victims.
Man jumped from a building in a hospital and injured a cleaner
After being in a coma for more than 20 days, 61-year-old cleaner Ms. Lei finally woke up. Due to multiple fractures all over the body, she is not out of danger. “Basically rely on infusion of nutrient solution, the state is also very poor, can not speak, can only make gestures,” said Ms. Lei’s son Zou Wu.
Earlier on March 18, Ms. Lei was doing cleaning work at the Chongyang County Hospital of Traditional Chinese Medicine in Hubei. When she passed the entrance of the outpatient building, she was hit by a man who jumped off the building. The man was killed on the spot while Ms. Lei was unconscious. Subsequently, Chongyang County Hospital of Traditional Chinese Medicine called the police and Ms. Lei was sent to the local county hospital for rescue.
Ms. Lei’s son, Zou Wu, told China News Weekly that he was working out of town when he received a call from the county hospital that day. The doctor told his mother that there was an accident and that he was not sure about the rescue and suggested that he be transferred to a hospital in Wuhan.
After receiving the news, Zou Wu immediately bought a ticket and rushed to Wuhan. The next morning, he saw his unconscious mother in the ICU of Wuhan Tongji Hospital. “The doctor said that my mother is in a serious condition and her life is in danger at any time.”
The patient’s condition certificate issued by the hospital showed that Ms. Lei was diagnosed with severe multiple injuries, including closed head injury, diffuse axonal injury, bilateral multiple rib fractures, and bilateral pleural effusion.
During the more than 20 days that his mother was hospitalized, Zou Wu and his family had been busy taking care of her mother. As for what happened, he had not had time to figure out what happened. And the family of the man who hit his mother who jumped from the building did not get in touch. “One is that he did not have the information of the other party, and the other is that he has lost a loved one after all. We can’t talk about it now.”
A staff member of the Chongyang County Hospital of Traditional Chinese Medicine told China News Weekly that the man jumped off the 10th floor of the hospital, “That floor is not a business room. The windows are built relatively high, and they can only be opened 30% normally. You can kick it open. He broke our window before jumping down.”
The above-mentioned staff member said that according to his knowledge, the man who jumped from the building was in his 30s and was an employee of the charging room of a local private hospital. He may suffer from depression, but they are not clear about the specific situation.
The police from the Tiancheng Police Station of the Chongyang County Public Security Bureau said that this incident did happen, but the details were inconvenient to disclose.
The hospital “borrowed” 100,000 yuan from family members: we are also victims
Although the mother has woken up, Zou Wu’s family is still frowning. In the past month, the mother’s medical expenses have exceeded 200,000, and the daily cost is between 8,000 and 10,000. When the mother is able to breathe independently, surgery will be required. For the poor Zou Wu family Said that this fee has not yet been followed.
“The countryside is too poor, so when I am in my 60s, I have to take part-time jobs while taking the children.” Zou Wu said that his mother worked as a cleaner in the Chinese Medicine Hospital for about five years, mainly responsible for the ground cleaning work in the hospital building, including sweeping, floor cleaning, etc. Mopping the floor, taking out the garbage, etc., the monthly salary is more than 1,000 yuan.
According to reports, Ms. Lei was introduced to this hospital by an acquaintance before to work. Later, the cleaning service was borne by an outsourcing company, and the salary was also paid by the outsourcing company.
Zou Wu said that after the incident, they had contacted hospitals and cleaning companies many times, hoping to bear the corresponding expenses. After many consultations and communication, the hospital transferred more than 100,000 yuan. For other medical expenses, the family could only piece together to find relatives to borrow.
The staff of the Chongyang County Hospital of Traditional Chinese Medicine told China News Weekly that the family members did look for the hospital many times. They really had no choice, so they paid the money. “But the 100,000 yuan is not compensation, it is just a humanitarian loan. Their life-saving money.”
The above-mentioned staff said that the cleaning of the hospital was outsourced to the Xianning branch of Guangdong Hongde Technology Property Co., Ltd. The cleaning staff were not hospital employees, and the man who jumped off the building was neither a hospital employee nor a patient in the hospital. The members are innocent, and we are also victims.”
Chongyang County Hospital of Traditional Chinese Medicine stated that the cleaning company won the bid through the government bidding platform. After the incident, the government has contacted the company, hoping to pay the cleaning staff a certain amount of medical expenses through negotiation.
Manager Gong of the Xianning branch of Guangdong Hongde Technology Property Co., Ltd. told China News Weekly that because Ms. Lei was over 60 years old, she had not previously signed a labor contract with the company, nor did she have any agreement or insurance. After the incident, the company staff went to the county hospital to visit Ms. Lei and paid 10,000 yuan in advance for medical expenses.
Manager Gong also mentioned that Ms. Lei is mainly responsible for the cleaning of the internal environment. The location of the incident was not within her cleaning range. They speculated that Ms. Lei might have encountered an accident when she was off work. For the subsequent responsibilities that need to be undertaken, the company supports legal procedures.
Lawyer: Can claim compensation from the family of the man who jumped off the building
Past reports have shown that in recent years, there have been many cases of people falling from buildings hitting (death) passers-by.
In June 2019, a man in Meishan, Sichuan, fell from a building, hitting the two grandparents who were walking downstairs who lived in the same community. All three died unfortunately. After the incident, the family members of the smashed grandchildren took the faller’s parents to court, and the court’s second-instance compensation was 1.06 million yuan.
In November 2019, a woman in Changsha, Hunan, fell from a building and struck a 24-year-old girl Xiao Su. The woman who fell from the building was killed on the spot, and Xiao Su was identified as a grade 6 disability. Nearly a year after the incident, Xiaosu’s parents sued the family of the woman who fell from the building, claiming damages of more than 930,000 yuan. The court finally ruled that the parents of the woman who jumped off the building should compensate Xiao Su more than 770,000 yuan.
Regarding Ms. Lei’s experience, lawyer Fu Jian from Henan Yulong Law Firm believes that family members can file a lawsuit on the grounds that the man who jumped off the building infringed the “right to life and health” of the cleaners, requiring the family members of the jumper to bear the corresponding medical expenses.
According to Fan Chen, a lawyer at Beijing Jingshi Law Firm, if the man who jumped off the building does not have depression and is fully capable of civil conduct, his family will not be liable, but the cleaning staff will be compensated within the limit of the inheritance in terms of compensation; if the man does If there is depression, the family members as guardians should be liable for compensation.
Although Ms. Lei did not sign a labor agreement with the cleaning company, and the accident may occur on the way from get off work, Fu Jian said that as long as the labor relationship is established, it is a de facto labor relationship. At the same time, according to the provisions of the “Work Injury Insurance Regulations,” those who are injured by an accident during work-related preparatory or finishing work in the workplace before and after working hours shall also be recognized as work-related injuries.
Fan Chen believes that although the cleaning staff are managed by a cleaning company bid by the government, the Chongyang County Traditional Chinese Medicine Hospital is the employer. According to Article 92 of the Labor Contract Law, if the employing unit causes damage to the dispatched worker, the labor dispatch unit and the employing unit shall bear joint liability for compensation, and Chongyang County Hospital of Traditional Chinese Medicine and the cleaning company shall bear joint liability for compensation together.
However, Fu Jian believed that the employer was not at fault in the case, and the labor dispatch unit should bear the compensation for work-related injuries. Fu Jian said that the hospital has a safety guarantee obligation, but this obligation is a safety guarantee obligation within a reasonable limit and cannot be enlarged indefinitely. “If the man did kick open the window of the hospital and jumped down, the hospital would not be at fault for the deliberate behavior, and the hospital would not be legally liable. However, based on the moral level, the victim’s family can be treated. Certain relief.”
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