North Carolina Workers’ Compensation Experts Closely Watch Legal Imbroglio between Japan and China

September 6, 2010, by Michael A. DeMayo

Although this North Carolina workers’ compensation blog typically covers regional (and, occasionally, interstate) stories, we almost never focus on international cases because they are usually not that germane to our readers. But a fascinating international case – pertaining to a longstanding debate between Japan and China – has us breaking our rule.

A battle extending nearly 80 years

In World War II, approximately 40,000 Chinese people got conscripted as forced laborers in Japan. Around 7,000 conscripts died. But many survivors – all of whom are now over 80 years old – remain unsatisfied with the reparations they collected from Japan under the 1972 Japan/China joint statement. Since the ‘72 arrangement, which ostensibly finalized reparations, courts in Japan have rejected 15 different lawsuits filed by Chinese workers to collect benefits pertaining to what was essentially their conscription and enslavement. Undaunted, a group of around 100 laborers from Shandong have launched a legal action to collect around $15,000 per worker in reparations from the Mitsubishi Materials Company, which employed over 2,700 Chinese conscripts in mining activities following Japan’s invasion 79 years ago. The case has warranted the attention of China’s foreign ministry spokesman, Qin Gang, who petitioned the Japanese government to make good on the reparations because, China asserts, the 1972 joint statement did not fully resolve all relevant questions.

So how does this all tie back to now parochial seeming debates over North Carolina workers’ compensation? It ties back in a number of ways. First, it illustrates that debates over how to redress employment related injuries and diseases can fester for years and even decades. Second, it illustrates just how complicated and political the process of compensation can get – particularly when companies, employees, and insurers wrestle with questions of severe injury/death and high payout amounts.

All this is to say that, if you or a loved one has been struggling with an employer or an insurance company about your claim, you are not alone. It’s common to encounter friction and even outright bad faith in negotiations for compensation. To that end, it’s always a good idea for claimants to avail themselves of a free and confidential consultation with a North Carolina workers’ compensation firm. Better educated and well represented claimants tend to resolve their claims faster and more effectively.

More Web Resources:

More on the Mitsubishi Materials Company saga

1972 Japan/China joint statement