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我国法律有对肢体伤残进行鉴定以及补偿的规定,同样,对精神伤害也应该有相应的补偿规定。但是,截至目前,我国尚未有明确的关于精神伤害的具体赔偿规定,而这一空白,将成为“精神伤害”案的审理难点。最近,南京溧水县人民法院审结了一起历时两年多的“精神伤害索赔”案,案中的王琴两年前因单位厂房倒塌事件受伤,并因房子倒塌时的响声太大被惊吓成精神性疾病。值得注意的是,这起本应围绕精神损害赔偿说事的案件,却是围绕王琴受惊吓产生的精神性疾病是否属于工伤、厂方该不该承担全部赔偿责任等问题展开的,并引发王琴家人、单位与南京劳动能力鉴定委员会的争议。最终,法院也只能以工伤赔偿相关法律,判决厂方全额赔偿。
My law has the provisions of physical disability identification and compensation, the same, the spirit of damage should also have the corresponding compensation provisions. However, up to now, China has not yet stipulated the specific compensation provisions on mental injury, and this gap will become a “mental injury” trial hearing difficulties. Recently, Nanjing Lishui People’s Court concluded a case of “Mental Injury Claim” for more than two years, in which Wang Qin was injured two years ago as a result of the collapse of a factory building and was scared by the loud noise when the house collapsed Into mental illness. It is noteworthy that this case should have been around the spirit of compensation for the case, but it is around the mental illness caused by Wang Qin frightened whether it belongs to work-related injuries, the factory should not bear the full liability and other issues launched and triggered Dispute between Wang Qin’s family, unit and Nanjing Labor Capability Appraisal Committee. In the end, the court can only compensate the factory for compensation in full with the relevant law on work injury compensation.