Answer: Mental damages is a legal concept used in Chinese civil law, specifically in the realm of tort law, and is rarely applied in the field of employment law. The issue of claiming mental damages for severe loss of labor capacity due to occupational diseases or work-related injury is currently handled differently by courts around the country. However, the prevailing court decisions appear to be in favor of such claim.

Guangdong Provincial High Court, Shenzhen Intermediate Court, Jiangxi Provincial High Court, and Jiangsu Provincial High Court all have decisions ruling that the law does not prohibit employees suffering from occupational diseases from demanding at-fault employers bear the liability of mental damages and/or other civil legal compensation, in addition to the statutory entitlements for occupational diseases.¹Article 58 of the Occupational Disease Prevention and Control Law of 2018 States that ¡°in addition to enjoying work injury insurance according to law, occupational disease patients who still have the right to compensation in accordance with relevant civil laws shall have the right to claim compensation from the employer.¡± Kunteng Precision Industry (Shenzhen) Co., Ltd. and Zhang Gaoming Labor Dispute Civil Judgment of Second Instance Civil Judgment of Shenzhen Intermediate People’s Court of Guangdong Province (2019) Yue 03 Min Zhong No. 27444. In the case the employee suffered from silicosis Phase II, and his work capacity was identified as Class 4 disability, and the court ordered the employer to pay RMB 90,000 of metal damages. Jiangxi Jiujiang Southern Cement Co., Ltd. V. Qian Fangmei and other labor disputes, Jiangxi Provincial People¡¯s High Court Civil Ruling No.309 (2017). The court held that there was a fault in the employer’s failure to carry out occupational health examination during the employment period for employees engaged in occupational hazards. Therefore, the employer shall bear a discretionary 20% of the compensation liability for one-off work death allowance according to the standard of work-related death, and order the employer to pay a discretionary six months’ sick leave wages. Labor dispute application between Wang Moumou and Zhangjiagang Jinmao Investment Development Co., Ltd., Jiangsu Provincial People¡¯s High Court Civil Ruling (2014) Su Shen Er Min Shen Zi No.01555. The court ordered the payment of RMB 35,000 for metal damages because of aplastic anemia and Class 4 disability caused by high paint concentration poisoning in the working environment of the employer. Chen Honghuan, Huizhou Chaoba Battery Co., Ltd. Labor Dispute Retrial Review and Trial Supervision Civil Ruling Guangdong Provincial People¡¯s High Court Civil Ruling (2018) Guangdong Minshen No.11817. The employee suffered from occupational disease Class 5 disability, the court ordered RMB 15,000 of metal damages and RMB 6,000 of nutrition fees.However, some courts do not uphold the mental damages claim due to occupational diseases, such as the case of Huang Anxu before the Shaanxi Provincial High Court in 2021.²Huang Anxu and Shaanxi Zhenbang Energy-saving Technology Co., Ltd. Labor Dispute Retrial Shaanxi Provincial People¡¯s High Court Civil Ruling (2021) Shan Min Shen No.962. The employee died of occupational disease, and the court did not support the request for mental damages.

Similarly, courts around the country have different ways of dealing with employees’ claims for mental damages due to work-related injuries or occupational diseases. Judging from the cases at the provincial high court level, the Guangdong Provincial High Court, the Zhejiang Provincial High Court, the Xinjiang Autonomous Region High Court, and the Shandong Provincial High Court hold that employees who suffer from work injuries can only request work injury entitlements according to the Regulations on Work Injury Insurance, and that mental damages are not supportable.³Article 3 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases in 2022 stipulates that ¡°if an employee of an employer who should participate in the overall planning of work injury insurance according to law suffers personal injury due to work-related injury accidents, and if the employee or their close relatives sue the employer to the people’s court for civil compensation, the court shall inform them to deal with the case in accordance with the provisions of the Regulations on Work Injury Insurance.¡± Cheng Yeyun v. Yuhuan County Chumen Sanzhong Furniture Factory Labor Dispute Case Zhejiang Provincial People¡¯s High Court Civil Ruling (2015) Zhe Min Shen No.570. In the case the court rejected the request of the injured employee for metal damages. Labor Dispute Application between Wu Xiaoyun and Puning Chengfa Garment Manufacturing Co., Ltd. Civil Ruling of Guangdong Provincial People¡¯s High Court (2014) Yue Gao Fa Min Shen Zi No.475. Xinyuan County Guqiang Construction and Installation Co., Ltd. and Yan Jiayun Labor Dispute Second Instance Civil Judgment Xinjiang Uygur Autonomous Region High Court Yili Kazakh Autonomous Prefecture Branch (2015) YZMZZ No.86. Li Xingjun v. Rizhao Jinhe Boyuan Biochemical Co., Ltd. Labor Dispute Civil Ruling of Shandong High Court (2016) Lu Min Shen No.1588.The Yunnan Provincial High Court, on the other hand, holds a completely opposite view and supports the claim of mental damages for employees involved in work injuries.⁴Application for Labor Dispute between Yunnan Luliang Chemical Industry Co., Ltd. and Hu Likun Civil Ruling of Yunnan High Court (2014) YGMSZ No.347.

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Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.

Email: wangdong@royalaw.com

• 1
  Article 58 of the Occupational Disease Prevention and Control Law of 2018 States that ¡°in addition to enjoying work injury insurance according to law, occupational disease patients who still have the right to compensation in accordance with relevant civil laws shall have the right to claim compensation from the employer.¡± Kunteng Precision Industry (Shenzhen) Co., Ltd. and Zhang Gaoming Labor Dispute Civil Judgment of Second Instance Civil Judgment of Shenzhen Intermediate People’s Court of Guangdong Province (2019) Yue 03 Min Zhong No. 27444. In the case the employee suffered from silicosis Phase II, and his work capacity was identified as Class 4 disability, and the court ordered the employer to pay RMB 90,000 of metal damages. Jiangxi Jiujiang Southern Cement Co., Ltd. V. Qian Fangmei and other labor disputes, Jiangxi Provincial People¡¯s High Court Civil Ruling No.309 (2017). The court held that there was a fault in the employer’s failure to carry out occupational health examination during the employment period for employees engaged in occupational hazards. Therefore, the employer shall bear a discretionary 20% of the compensation liability for one-off work death allowance according to the standard of work-related death, and order the employer to pay a discretionary six months’ sick leave wages. Labor dispute application between Wang Moumou and Zhangjiagang Jinmao Investment Development Co., Ltd., Jiangsu Provincial People¡¯s High Court Civil Ruling (2014) Su Shen Er Min Shen Zi No.01555. The court ordered the payment of RMB 35,000 for metal damages because of aplastic anemia and Class 4 disability caused by high paint concentration poisoning in the working environment of the employer. Chen Honghuan, Huizhou Chaoba Battery Co., Ltd. Labor Dispute Retrial Review and Trial Supervision Civil Ruling Guangdong Provincial People¡¯s High Court Civil Ruling (2018) Guangdong Minshen No.11817. The employee suffered from occupational disease Class 5 disability, the court ordered RMB 15,000 of metal damages and RMB 6,000 of nutrition fees.
• 2
  Huang Anxu and Shaanxi Zhenbang Energy-saving Technology Co., Ltd. Labor Dispute Retrial Shaanxi Provincial People¡¯s High Court Civil Ruling (2021) Shan Min Shen No.962. The employee died of occupational disease, and the court did not support the request for mental damages.
• 3
  Article 3 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases in 2022 stipulates that ¡°if an employee of an employer who should participate in the overall planning of work injury insurance according to law suffers personal injury due to work-related injury accidents, and if the employee or their close relatives sue the employer to the people’s court for civil compensation, the court shall inform them to deal with the case in accordance with the provisions of the Regulations on Work Injury Insurance.¡± Cheng Yeyun v. Yuhuan County Chumen Sanzhong Furniture Factory Labor Dispute Case Zhejiang Provincial People¡¯s High Court Civil Ruling (2015) Zhe Min Shen No.570. In the case the court rejected the request of the injured employee for metal damages. Labor Dispute Application between Wu Xiaoyun and Puning Chengfa Garment Manufacturing Co., Ltd. Civil Ruling of Guangdong Provincial People¡¯s High Court (2014) Yue Gao Fa Min Shen Zi No.475. Xinyuan County Guqiang Construction and Installation Co., Ltd. and Yan Jiayun Labor Dispute Second Instance Civil Judgment Xinjiang Uygur Autonomous Region High Court Yili Kazakh Autonomous Prefecture Branch (2015) YZMZZ No.86. Li Xingjun v. Rizhao Jinhe Boyuan Biochemical Co., Ltd. Labor Dispute Civil Ruling of Shandong High Court (2016) Lu Min Shen No.1588.
• 4
  Application for Labor Dispute between Yunnan Luliang Chemical Industry Co., Ltd. and Hu Likun Civil Ruling of Yunnan High Court (2014) YGMSZ No.347.