Is it reasonable for migrant workers to receive 1.8 million compensation for work-related injuries and for lawyers to keep half? _Sina Finance_Sina.com

Original title: Is it reasonable for migrant workers to receive 1.8 million compensation for work-related injuries and for lawyers to keep half? Experts say →

Recently, some media reported that a migrant worker in Huishui County, Guizhou Province, was injured at a construction site and received 1.8 million yuan in compensation after hiring a lawyer. The lawyer kept half, which was 900,000 yuan, as attorney’s fees under the agency contract between the two parties.

　　Migrant workers received 1.8 million compensation for work-related injuries, while lawyers took 900,000

　　Many attorneys stated that “risk agency” is not applicable

According to media reports, migrant worker Yang signed a compensation agreement with a construction and installation company in Suqian, Jiangsu. On the night of July 12, 2016, when Yang was unloading into a construction truck, he was struck by the steel rope of a crane and fell from the vehicle. Ground, causing a neck burst fracture 6, cervical spinal cord injury and paralysis.

After the incident, Yang’s two brothers entrusted a lawyer from a Guangzhou law firm to handle compensation for work-related injuries. The three brothers and the attorney agreed in the agency contract that the attorneys would pay the initial costs of handling the case by the law firm itself. If the employer compensates Yang between 800,000 and 900,000 yuan, the law firm will receive a commission of 5% in legal fees; If the compensation is less than 950,000 yuan, Yang will pay the law firm 45,000 yuan. ; If the compensation amount is more than 900,000 yuan, then one of the Yang will only receive 900,000 yuan, and all the remaining compensation will go to the law firm.

On September 6 this year, Yang signed a compensation agreement with the employer and received a one-time compensation of 1.8 million yuan. Under the previous agreement, Yang only received 900,000 yuan and the remaining 900,000 law firms took away.

Does the lawyer take more? The attorney relies on his knowledge and ability to ensure that Yang receives a substantial amount of compensation, with more to come will belong to the law firm. In the industry, this practice has a special term called “risk agent”.

Simply put, it refers to the decision to pay the attorney’s agency fees based on the outcome of the attorney’s agency. The client pays a relatively small agency fee first, and does not even pay the attorney first. After the execution of the case, the client will pay the lawyer a certain proportion as compensation based on the amount of the creditor’s rights in force. If you lose the case or it cannot be enforced, the attorney will not get a refund. If the creditor’s rights are asserted, the principal will pay the lawyer according to the agreed high proportion. This is a certain risk for both the client and the lawyer, which is why it is called a risk agency.

So, for this matter, Yang received 1.8 million compensation for work-related injuries and the lawyer took 900,000 yuan. Can “risk agency” be applied? The reporter interviewed many lawyers in the industry and all gave negative responses.

　　Zhang Zhiyou, Attorney at Beijing Zhicheng Law Firm:For some property cases, such as engineering payment cases, or some simple private loan dispute cases, risk agency can be implemented. But for some special cases, risk agency cannot be implemented. For example, in marriage and inheritance cases, workers’ compensation cases, pension and relief cases, and labor compensation cases, these cases are not subject to risk agency in accordance with the “Administrative Measures on Employee Fees. lawyers “.

Zhang Zhiyou analyzed that even if the parties clearly expressed their willingness to hire a lawyer to help defend their rights in the form of a risky agency, it would be too high to charge half of the work injury compensation as agency fees. He said: “Even if the risk agency can be implemented in some cases, according to the regulations on fee management, the maximum fee collected cannot exceed 30% of the target amount. In this case, 1.8 were collected million RMB in compensation and 900,000 yuan was collected. ” The attorney’s fees clearly exceed the agency’s maximum amount of risk. “

　　First, the risk agency cannot apply to Yang’s claims for work-related injuries;

　　Second, even if the risk agency applies, the maximum fee charged by the lawyer cannot exceed 30% of the amount actually received by the client.

Wang Jianping, director of the Professional Committee on Labor and Social Security Law of the National Bar Association, said the Bar Association does not recommend that lawyers charge high fees when providing legal services to vulnerable groups such as migrant workers.

　　Wang Jianping:Because this is the service fee for rendering legal services to migrant workers, the compensation fees claimed are the hard-earned money of migrant workers. Attorneys’ fees must be limited to a reasonable range. Obviously, the society will consider such a high proportion of the fees. unfair. Although the parties have relevant agreements, in the industry, when lawyers provide relevant legal services for workers, there must be certain collection restrictions, especially the so-called risk collection cannot be carried out.

　　Expert: complicated procedures for migrant worker accident cases

　　It is recommended to consider implementing an attorney fee transfer system.

In practice, the procedures for handling work-related injury compensation cases are very cumbersome and many migrant workers hope to resolve their immediate difficulties as soon as possible. Also, giving money according to the results is true, if you can give yourself more money, the lawyer can also charge more agency fees, so the lawyer will be more dedicated to the case.

As a public welfare attorney, Shi Fumao, general secretary of the Legal Aid and Public Welfare Affairs Committee of the National Bar Association, has represented many migrant workers in rights protection cases. He frankly admitted that the process of representing migrant workers in workplace accidents is complicated and time-consuming. Labor Relations. Often times, it is normal for a work-related injury determination case to be filed for two to three years.

　　Shi Fumao:Especially in the area of ​​migrant workers, the rate of signing labor contracts is around 40%. More migrant workers are unable to establish employment relationships with labor service companies or recruitment units because they can work with contractors, and in some cases they can only provide labor. Disputes over compensation for damages. Another reason is that the cost of protecting labor rights has been reduced, but the corresponding costs of protecting employers’ rights have also been lower. For example, in court, the first instance and the second instance can cost ten or twenty yuan to go through two trials, which can be delayed. Half a year or a year, in such circumstances, malicious litigation and abuse of litigation rights are very common. A work relationship confirmation case may have to go through three or four or more procedures, and a work injury determination can take up to a year before obtaining a work injury certificate.

A work injury determination case takes two years, which is considered normal. Shi Fumao said: “I have handled some cases and spent two or three years in the labor relations stage. After the work injury is determined, administrative reconsideration, administrative litigation, first instance and second instance can be filed. Of course, still there are some cases. Bankruptcy, resulting in a lack of money to win the lawsuit, but now it is better to have an upfront payment. The procedures are too complicated and many cases cannot be closed on time. “

In fact, our country has a very good legal assistance system for the protection of the rights of vulnerable groups such as migrant workers.Article 10 of the “Legal Aid Regulations”, which came into force in September 2003, clearly stipulates that those applying for social security benefits can apply for legal aid from legal aid bodies, including insurance against occupational accidents.

In 2006, the Council of State issued an opinion specifically stipulating that migrant workers should be included in the scope of occupational accident insurance in accordance with the law. Beginning in August 2008, migrant workers seeking legal assistance for workers’ compensation or compensation for work-related injuries will no longer be restricted by financial hardship.

Experts suggest that migrant workers should seek legal assistance in the event of work-related injuries. Experts urged that such cases be considered to implement the attorney fee transfer system, with the losing party bearing the winning party’s attorney fees. Reduce the cost of migrant workers in litigation, reduce the incidence of malicious litigation by companies, urge companies to hire labor in accordance with the law, and encourage more lawyers to represent legal aid cases.

Editor in charge: Li Tiemin