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事件回放肖某为某企业的员工,2006年5月5日,单位老板让肖某开车去火车站接一批托运的货物。肖某自己没有驾驶证,只是平时和别人学过车,所以心里有些担心,但老板急着要这批货,就催着肖某赶紧去取。结果肖某在去火车站取货的过程中发生交通事故,由于肖某没有驾驶证,交通管理部门认定肖某对交通事故负主要责任。此次交通事故造成肖某严重受伤,身体自腰部以下瘫痪,全家为了给肖某治疗已经负债累累。事故发生后不久,肖某亲属要求单位为其申报工伤,但因为单位没有为肖某缴纳工伤保险,所以一直没有为肖某申报工伤。无奈之下,肖某亲属自行向劳动保障部门申请工伤认定。经过了两个月的等待,劳动保障部门作出了认定结论,以肖某无证驾驶,构成违法为由,认定其为非工伤。肖某对劳动保障部门的认定结论不服,向同级人民政府申请行政复议,同级人民政府经过复议维持了劳动保障部门作出的不予认定工伤的结论。肖某一家为了讨个说法,从此走上了漫漫的诉讼之路。
Xiaomou event playback for an enterprise staff, May 5, 2006, the unit owner to Xiao Mou drive to the train station to pick up a number of consignments of goods. Xiaomou did not own a driver’s license, but usually learned the car with others, so my heart a little worried, but the boss hurried to the shipment, it hurried to Xiao Mou to quickly get. As a result Xiao Moumou pick up the train station in the process of traffic accidents, as Xiaomou no driver’s license, traffic management department found Xiaomin responsible for traffic accidents. The traffic accident caused Xiao serious injuries, the body paralyzed from the waist below, the family in order to Xiaomou treatment has been heavily indebted. Shortly after the accident, Xiao relatives required the unit to declare work-related injuries, but because the unit did not pay work-related injury insurance for Xiaomou, it has not been declared for Xiao Mou work-related injuries. In desperation, Xiao relatives to their own labor and social security department to apply for work-related injuries identified. After two months of waiting, the labor and social security department made a conclusion that it was concluded that it was a non-work-related injury on the grounds that Xiaomou was driving without a license and constituted a violation of law. Xiaomou was dissatisfied with the conclusion of the determination of the labor security department and applied for administrative reconsideration to the people’s government at the same level. The people’s government at the same level reconsidered and maintained the conclusion that the labor and social security department should not recognize the injured person. Xiao Mou a family in order to discuss a statement, since embarked on a long road to litigation.