Becoming a lawyer starts with raising a Xiezhi

Chapter 429 Is it a Traffic Accident?
After handling this case, Meng Lang planned to go to Shangjing to prepare for the Shangjing branch.

And just the day before going to Beijing, Zhang Ping came to him and reported a case to him.

Meng Lang was sitting on the boss's chair, smiling as he watched Zhang Ping sitting in front of him.

Zhang Ping's hairstyle has changed. In the past, Zhang Ping wore a long ponytail. When she walked, the ponytail behind her head swayed back and forth with her steps, like a big girl.

But today, Zhang Ping's ponytail was gone, replaced by a head of mature curly hair, which was also dyed golden yellow. Meng Lang glanced at it, and Zhang Ping suddenly became a mature woman. A bit like a young woman.

"When did you cut your hair?" Meng Lang said with a smile.

Zhang Ping was also quite embarrassed, and said: "I went to the barber shop to cut my hair, and the barber recommended me to change my hairstyle, so I just listened to him. Don't you look ugly?"

Meng Lang laughed and said, "Not only is it not ugly, but it's also eye-catching. Once you change your hairstyle, it's like a different person. I almost didn't recognize it. When walking on the street, you must keep your heads turned [-]%."

"What's the matter, Meng Lang, don't laugh at me." Zhang Ping said even more embarrassedly.

Meng Lang laughed and said, "By the way, Zhang Ping, haven't you found a boyfriend yet?"

Zhang Ping glared at him and said, "No, you want to introduce me?"

Meng Lang smiled and said, "How can I have the nerve to introduce you? You asked Niu Zhao to introduce you. It's time to find a boyfriend. With your mature hairstyle, how can you do without a boyfriend?"

"Meng Lang, you still make fun of me. If you make fun of me again, I won't be able to meet people when I go out." Zhang Ping said hurriedly.

Meng Lang smiled and said, "Do you have any case to report to me?"

Only then did Zhang Ping say, "That's how it is. A judge from the district court asked me to help him with a case."

After hearing this, Meng Lang asked, "Did the judge introduce the case to you?"

Zhang Ping said: "No, it is his own case that he wants me to represent."

Meng Lang said in surprise, "What case does the judge need you to represent?"

Zhang Ping said: "He was working overtime at work a while ago, but when he got off work, he fell into a pit while riding his bicycle and was injured. Now he applied for a work-related injury, but the Bureau of Human Resources and Social Security rejected it. He wanted me to sue the Bureau of Human Resources and Social Security on his behalf."

Meng Lang laughed after hearing this, and said, "He belongs to the court, and now he is suing the court. Is this appropriate?"

Zhang Ping said: "Administrative lawsuits should be tried in a different place. They definitely can't be tried in their unit."

Meng Lang thought about it, and it was true, so he asked, "Do you think he can win this case?"

Zhang Ping said: "It's hard to say now. According to the provisions of the labor law, a traffic accident on the way to and from get off work can be regarded as a work-related injury. But he fell into a pit while riding his bicycle and was injured. Is this considered a traffic accident?" What about the accident?”

"What is a traffic accident?" Meng Lang asked.

Zhang Ping looked at the materials and said: "According to the provisions of the Road Traffic Safety Law, a traffic accident is an event in which a vehicle causes personal injury or property damage due to fault or accident on the road. Vehicles include motor vehicles and non-motor vehicles."

Meng Lang asked: "Then does your case count according to this regulation?"

Zhang Ping said: "I think it counts, but the Human Resources and Social Security Bureau thinks it doesn't count. They said that you don't have a traffic accident certificate issued by the traffic management department, so it can't be counted as a traffic accident."

Meng Lang frowned and said, "In this case, should the traffic police department issue a traffic accident certificate for the person involved?"

Zhang Ping said: "This accident was caused by the client himself. There was no one else. He accidentally rode into the pit. If the traffic police department issues a traffic accident certificate, how should it be issued? Is the client responsible for the accident?"

Meng Lang frowned again, thought for a while and said, "Normally, he had an accident on his way home from work, and also on his way home after working overtime. It should be regarded as a work-related injury, because it was related to a traffic accident. What's the difference? If a traffic accident causes injuries to others, it can be considered a work-related injury. If he falls while riding a bicycle, he is also injured. There is no difference between the two, so it should be considered a work-related injury. But the law stipulates this, so we have to find a way. Only by identifying this accident as a traffic accident can we meet the requirements for work-related injury identification. If we cannot identify this accident as a traffic accident, there will be no problem in the Human Resources and Social Security Bureau rejecting it."

Zhang Ping said: "When I was in the court, I handled many work-related injury dispute cases, but I have never encountered this kind of situation. Now I am in a dilemma and I don't know how to talk to the judge."

"What dilemma?" Meng Lang asked.

Zhang Ping said: "Look, if we ask the traffic police department to issue a traffic accident certification, then the person involved must bear all the responsibility for the accident, because he fell into the pit himself. It is impossible to identify the road administration department as the person responsible for the accident. If In this case, the party concerned will not be able to determine that the injury constitutes a work-related injury because he bears full responsibility for the traffic accident. To constitute a work-related injury, the worker must be a worker who does not bear the main responsibility for the traffic accident. And if the traffic police department is not allowed to issue a traffic accident determination certificate , then there is no way to prove that it was a traffic accident, and the Human Resources and Social Security Bureau will use this reason to determine that the accident is not a work-related injury.”

After Zhang Ping said this, Meng Lang thought about it. This is really the case, so what should I do?
"Zhang Ping, does the judge have to identify work-related injuries? Can't he sue the road administration department and hold them accountable for infringement? After all, he was injured because he fell into the pit. The owner of the pit, that is, the road administration department must bear the legal responsibility. Responsible." Meng Lang thought for a while and said.

Zhang Ping said: "I think so too, but the judge insisted on suing the Bureau of Human Resources and Social Security, thinking that this was a work-related injury. If his situation is not a work-related injury, it would be inconsistent with the spirit of the labor law."

Meng Lang smiled and said, "The judge is still very confident. If that's the case, you can help him and represent him in this case. As for winning or losing, we can't control it."

Zhang Ping said: "I think what he said has some truth, so I will help him. Then I will act as an agent and try to see if I can sue the Human Resources and Social Security Bureau."

Meng Lang nodded and agreed.

At this moment, Niu Zhao suddenly came. After seeing Zhang Ping, his eyes lit up, and then he hurriedly stepped back and said, "Are you whispering? Then I'll get out of the way."

Zhang Ping hurriedly stopped her: "Niu Zhao, I reported the case to Meng Lang."

After hearing this, Niu Zhao stopped and said with a smile: "What case are you reporting?"

Zhang Ping said: "A work-related injury case, you should also come over and listen to it, and give me some advice."

"With Lawyer Meng guarding you, what advice do I have? I'd better avoid it." Niu Zhao said with a smile.

Zhang Ping hurriedly stood up and grabbed her, letting her sit down.

(End of this chapter)