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这是一个普通的案件,却又是十分典型的案件。因为劳动双方没有签订用工合同,因为业主没有参加工伤保险,这场官司打了5年之久。这其中既有业主无视法律法规,违规用工,出了事故逃避责任;伤者不知晓解决劳动争议的法定程序,找错部门,延误了工伤理赔;也有相关部门工作人员糊里糊涂,不当作为。一审二审,以至再审。最终,伤者虽然赢了官司,但不论业主、伤者,还是有关部门、法院,都耗费了精力,留下了遗憾,也引出了思考。
This is an ordinary case, but it is a very typical case. Because the two sides did not sign labor contracts, because the owners did not participate in work-related injury insurance, the lawsuit hit five years. Among these, both the owners ignore the laws and regulations, illegal employment, out of the accident to avoid responsibility; injured people do not know the legal procedures to resolve labor disputes, find the wrong department, delay the injury claims; also related department staff muddleheaded, improper. First instance second instance, and even retrial. In the end, although the wounded won the lawsuit, no matter the owners, the wounded, the relevant departments or the courts, they all spent energy, leaving regret and thinking behind.