Labour Action China: Case study
Seeking compensation for occupational disease in China
My name is Chen.* In 1995 I left my village in rural Sichuan province in search of a better life. I travelled to the industrial city of Shenzhen on the south coast of China, where I began a job as a stonecutter in a jewellery factory. The factory conditions were poor, and despite the presence of heavy dust from rocks we were not given face masks.
After seven years the factory managers decided to carry out medical examinations of workers. I was found to be suffering from a lung disease, which management told me was tuberculosis. I was given leave to return to my hometown for treatment. But my condition deteriorated, and I went to the occupational disease hospital in Chengdu, where I was diagnosed with silicosis, an incurable lung disease.
At that time I felt desperate. The factory told me to stay in my village and refused to pay my salary. I spent all my savings and had to borrow nearly 10,000 Yen to pay for treatment. At this time I had no options left, and I did not know what to do. But I was lucky enough to meet a member of a local organisation for migrant workers in my village that supports silicosis victims. They advised me on how to claim and demand my rights as a victim of an occupational disease. I found out about Labour Action China (LAC) and its support services for workers injured on the job. Many of the people they help have been dismissed without compensation after their employers discovered their illness.
Although my level of education is low, with the help of the LAC I learned for myself about labour legislation and what it meant for my case. I also asked members of the migrant worker organisation with more experience than me about my options. Through the organisation I got to know workers from the same factory I had worked in. Together we went to the occupational disease hospital in our home province to obtain a health certificate and to carry out a work capacity assessment - the first step in our compensation claims.
To fight for a better situation for myself and other workers suffering from diseases contracted at work, my local migrant worker organisation brings together workers to study labour law, including contract law, insurance law and legislation on occupational health. Using the knowledge from the course I was able to present my case to government officials in Beijing. This experience made it clear to me that only by learning ourselves about law will we be able to fight for our rights - and the rights of those who work with us.
With the support of LAC and other grassroots organisations, I have continued to fight my case for compensation.
* This worker's name has been changed to protect his identity.
For more information on the work of LAC please see their website.
