Voices

Snow sweeper falls between cracks in Chinese laws

By Cui Xiaohuo (China Daily)
Updated: 2010-03-01 11:48

Laws in China are far from perfect in terms of guarding the interests of vulnerable groups.

A recent example happened to Wang Changrong, a sanitation worker in Beijing, who almost lost his life as a result of brain bleeding after four intensive days during the snowstorm that devastated the capital in January. Now, two months after his tragedy, the 48-year-old, half-paralyzed, man has not been granted a government-funded compensation scheme - and authorities have not said the situation will change for the better.

METRO reporters have kept in touch with his family, who spent tens of thousands of yuan on medical fees. Wang's son said the family is "worried" whether or not his father will ever get accepted as a victim of injury at work.

The family filed the papers applying for special insurance on injuries at work immediately after the accident, but authorities rejected the application on the grounds of "substandard procedures".

This worries Wang's family, and they now await a government decision after filing corrected papers for a second review.

It appeared reasonable that Wang should fall into the category of victims injured at work, because he developed and suffered from a sudden illness during intensive overtime work as one of the 20,000 sanitation workers in Beijing during that snowstorm.

But authorities, probably seeking to avoid as little responsibility as possible, can turn down the compensation through legal means. The reason given will be Wang's medical history showed prior incidents of brain bleeding from excessive work.

Wang's son said he found mixed results in his research of similar cases. Authorities have previously insisted there is no connection between brain bleeding and overtime work.

His research is accurate. Current national regulations on injuries at work stipulate that employees have to get medical proof of a direct link between their illnesses and their work. In most cases in China, only those who cut their fingers in machines or develop lung cancer through pollution are likely to be considered "injured at work".

Of course, there are exceptions where direct proof is not needed: being a serviceman, working in a State emergency, or losing one's life.

Wang may become yet another victim of imperfect laws. The good news though is that Wang's story has been told repeatedly in local and national press. Officials will be foolish not to grant this man the compensation he rightfully deserves.

Critics have for years said that regulations dealing with injuries at work are flawed and cannot protect victims who may not have enough money for sophisticated medical checks and adequate legal representation. Current laws seem to favor the powerful employers.

To prevent such tragedies from repeating, legislation should be revised to protect the interests of weak groups. There is no need for radical changes, but just a few lines to make it easier for victims to get legal protection - an extra item like "Victims should be considered injured at work if their illnesses proves to be worsened as a result of an intensive workload."

Wang has now been transferred to a rehabilitation hospital where medical costs will rise compared to his initial treatment. Wang's son said his father, on his way to getting restored mobility in the right side of his body, relies fully on donations from colleagues, volunteers and other kind people who do not know him.

Up to now, there is no compensation from Wang's work unit, the No 5 Environment and Sanitation Center. Officials from the government employer have not offered the family any loan. The future is bleak.

The writer is a METRO reporter.