The construction of the Xindian MRT line in Taipei caused workers to suffer from diver's disease. The High Court reversed the judgment that the contractor must compensate 8 workers with 350,000 yuan each.

(file photo)

[Reporter Yang Guowen/Taipei Report] During the construction of the Xindian Line of the Taipei MRT in the early years, more than 40 workers suffered from diver's disease due to the use of air compression methods but not according to the law. Many people suffered from symptoms such as ruptured eardrums and black bones , Painful, still nine people failed to mediate, and filed a lawsuit demanding joint contractors Xinya and Nissho Aoki to pay 700,000 yuan each. People's claim for damages was lost in the first trial.

After the appeal, the high court held that because the eight Chen men had been identified as suffering from diver's disease, and it was an occupational disease, Xinya Company was ordered to pay 350,000 yuan to each of them, and the Taipei Metro Bureau was not jointly and severally liable for compensation.

Taipei MRT Bureau has no joint and several liability for compensation

Workers surnamed Chen and other eight people claimed that Xinya Company and Aoki Construction Co., Ltd. jointly contracted (ie, joint contractors) the CH221 bid project of Taipei MRT Xindian Line, and Aoki Construction Co., Ltd. subcontracted the tunnel excavation project to Zhuhe and Xuqiao Company. , they were employed by Zhuhe Company or Xuqiao Company respectively.

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Because the Xindian Line project of the Taipei MRT started in 1992, the compressed air Xinao construction method was introduced for tunnel excavation. As a result, eight of them suffered from diver's disease due to abnormal pressure operations, which made them miserable. For example, nitrogen in the body caused Symptoms such as eardrum rupture and black bones.

Chen and Nan pointed out that in November 1997, the joint contractor first reached an agreement with other workers surnamed Zhang, agreeing to pay Zhang Nan 700,000 yuan in compensation, and on September 30, 1998 As a result of coordinating with the eight of them on the 1st, if it is confirmed to be an occupational disease after being examined by the General Hospital of the Armed Forces and sent to the Labor Committee for identification, the joint contractors agree to pay 700,000 yuan each.

Later, the Sanzong identified eight people as suffering from diver's disease, and it was an occupational disease. Therefore, they appealed to Xinya and Taipei Metro Bureau for joint and several compensation of 700,000 yuan each.

Although Zhang Nan has already received 700,000 yuan in compensation, he claims that due to rising prices and other reasons, he also requests another 700,000 yuan in compensation.

The Taipei District Court ruled that Chen Nan and the other eight people lost the lawsuit. At the same time, it found that Zhang Nan's request was unreasonable and also lost the lawsuit.

Eight people including Chen Nan and Zhang Nan refused to accept the case, and all appealed to the High Court.

The High Court held that, based on the results of the 1998 agreement, the eight persons including Chen Nan had the right to demand that Xinya, Aoki and other joint contractors pay 700,000 yuan each, that is, they should pay an average of 350,000 yuan. The company's registration has been abolished, so the eight people have the right to ask Xinya Company to pay each person 350,000 yuan. As for the Taipei Metro Bureau, they are not jointly liable for the payment.

In addition, Zhang Nan claimed that he should be paid another 700,000 yuan, and there was no reason, so the judgment was dismissed.

The entire case is subject to appeal.