A consultation between a solicitor and an injured worker, Mr Li, reviewing the circumstances of a workplace accident involving an electric drill, cross-examination expectations, and potential out-of-court settlement options ahead of next week’s workers’ compensation court hearing.
- Solicitor · turn 1
Good morning, Mr Li. Thanks for coming in. As you know, your workers compensation matter is being heard next week. Before the hearing, I need to go through the accident with you again and make sure we have all the details correct.
早安，李先生。感謝您的到來。如您所知，您的工傷賠償案將於下週開庭審理。在聆訊之前，我需要與您再次核對事故經過，確保所有細節準確無誤。
- Mr Li · turn 2
好的，沒問題。其實這件事已經過去一段時間了，有些細節我可能記得不是特別清楚。不過只要是我記得的，我都會如實告訴你。
Sure, no problem. Actually, some time has passed since the incident, so I might not remember some details very clearly. But whatever I do remember, I'll tell you truthfully.
- Solicitor · turn 3
That’s fine. Let’s start with your employment. According to our records, you started working at CMB Manufacturing in March 2008 and the accident occurred in August, so you’d been working there for approximately five months. Is that correct?
沒關係。我們先從您的僱傭情況談起。根據我們的記錄，您於2008年3月開始在CMB製造廠工作，而事故發生在8月，因此您在那裡工作了大約五個月。對嗎？
- Mr Li · turn 4
對，差不多五個月。我的工作主要是在工廠裡操作機器、加工金屬零件。發生事故那天，我正在用電鑽給一個金屬圓筒鑽孔。
Yes, about five months. My job mainly involved operating machinery and processing metal parts in the factory. On the day of the accident, I was using an electric drill to make holes in a metal cylinder.
- Solicitor · turn 5
Tell me exactly what happened immediately before you were injured. In particular, I need to know what your colleague Frank was doing and how that affected your control of the drill.
請確切告訴我，在您受傷前一刻到底發生了甚麼事。尤其是，我需要知道您的同事弗蘭克（Frank）當時在做甚麼，以及這如何影響了您對電鑽的控制。
- Mr Li · turn 6
當時Frank突然走過來，先是拿我穿的T恤開玩笑，後來又開始撓我癢癢。我這個人特別怕癢，所以他一碰我，我就本能地揮手想把他推開。我當時根本沒想到會發生意外。
At the time, Frank suddenly came over. First he made jokes about the T-shirt I was wearing, and then he started tickling me. I'm extremely ticklish, so as soon as he touched me, I instinctively swung my arm to push him away. I never expected an accident to happen.
- Solicitor · turn 7
And you were still holding the drill when you tried to push him away, weren’t you? What happened to the drill after that?
當您試圖推開他時，手裡還拿著電鑽，對嗎？那之後電鑽怎麼樣了？
- Mr Li · turn 8
對，電鑽還在我手裡。我揮手的時候，拿著電鑽的那隻手撞到了旁邊的牆上。我一下子沒抓穩，手鬆開了，電鑽就直接掉下來，砸在我的腳上。
Yes, the drill was still in my hand. When I swung my arm, the hand holding the drill hit the wall beside me. I lost my grip, my hand slipped, and the drill fell straight down and struck my foot.
- Solicitor · turn 9
Were you wearing the protective equipment provided by your employer at the time? The company’s lawyers may argue that you contributed to your own injury if you weren’t following the workplace safety procedures.
您當時是否有穿戴僱主提供的防護裝備？如果您沒有遵守工作場所的安全守則，公司的律師可能會辯稱您對自己的受傷負有部分責任。
- Mr Li · turn 10
我有按照公司的規定穿工作服，也穿了工作鞋。可是事情發生得太突然了，我根本來不及反應。而且如果Frank沒有在我操作電鑽的時候過來鬧我，這個意外根本就不會發生。
I was wearing the uniform and work shoes as required by the company. But it happened so suddenly that I simply didn't have time to react. Besides, if Frank hadn't come over to fool around while I was operating the drill, this accident never would have happened.
- Solicitor · turn 11
That’s important. During cross-examination, the company’s barrister may challenge your version of events or suggest that you were careless. Don’t argue with them. Listen carefully to each question and answer only what you’re asked.
這很重要。在盤問過程中，對方公司的出庭大律師可能會質疑您對事發經過的陳述，或者暗示您粗心大意。請不要與他們爭辯。仔細聽清楚每個問題，問甚麼就答甚麼。
- Mr Li · turn 12
交叉詢問是不是說，對方的律師會一直問我問題，想證明這件事其實是我自己的責任？我有點擔心，到時候如果他故意問一些很刁鑽的問題，我不知道應該怎麼回答。
Does cross-examination mean their barrister will keep questioning me to try to prove it was actually my own fault? I'm a bit worried about how I should answer if they deliberately ask very tricky questions.
- Solicitor · turn 13
They may put difficult questions to you, but your job as a witness isn’t to win an argument. You simply need to give truthful evidence. If you don’t understand a question, ask them to repeat or clarify it. If you don’t remember something, say that you don’t remember rather than guessing.
他們可能會向您提出刁鑽的問題，但您作為證人的職責並不是為了辯贏對方。您只需如實作證。如果您聽不懂問題，可以要求對方重複或澄清。如果您記不清某些事情，就直接說記不得，切勿憑空猜測。
- Mr Li · turn 14
明白了。那事故發生以後的醫療情況，我也需要在法庭上詳細說明嗎？因為我當時真的傷得很嚴重，而且到現在還沒有完全恢復。
Understood. Will I also need to explain the medical treatment after the accident in detail in court? Because I was really badly hurt back then, and I still haven't fully recovered.
- Solicitor · turn 15
Yes. Your medical treatment is an important part of the claim. According to the hospital records, your manager called an ambulance immediately after the accident and you were taken to the emergency department. Can you describe what treatment you received?
是的。您的醫療過程是這項索賠的重要組成部分。根據醫院記錄，事故發生後您的經理立即叫了救護車，您被送往急症室。您能否描述一下當時接受了甚麼治療？
- Mr Li · turn 16
到了急診以後，醫生先幫我處理傷口，還做了一些檢查。後來醫生告訴我，腳部的神經和肌腱都受到了損傷，所以不是普通的外傷，可能需要做手術。
After arriving at the emergency department, the doctor treated my wound and ran some tests. Later, the doctor told me that the nerves and tendons in my foot had been damaged, so it wasn't just superficial injury and might require surgery.
- Solicitor · turn 17
That’s consistent with the medical evidence we have. You didn’t undergo surgery immediately, though. The operation was performed several weeks after the accident. What happened during that period?
這與我們掌握的醫療證據相符。不過您並沒有立即接受手術。手術是在事故發生數週後進行的。在那段期間發生了甚麼？
- Mr Li · turn 18
一開始醫生想先看看傷勢恢復得怎麼樣，但是過了幾個星期，我的腳還是很痛，而且活動也受到很大影響。最後專科醫生說神經和肌腱的損傷比較嚴重，所以安排我做了手術。
Initially, the doctor wanted to see how the injury would heal. But after a few weeks, my foot was still very painful, and my mobility was significantly affected. In the end, the specialist said the nerve and tendon damage was severe, so they arranged surgery for me.
- Solicitor · turn 19
And since the operation, you’ve continued to attend physiotherapy. How often are you receiving treatment now, and has the injury affected your ability to work or carry out your normal daily activities?
手術之後，您一直在堅持做物理治療。您現在多久接受一次治療？受傷是否影響了您的工作能力或日常生活？
- Mr Li · turn 20
我現在還要定期做物理治療，通常每個星期一次。有時候走路時間長一點，腳就會開始痛。我以前的工作需要長時間站著，還要操作機器，所以受傷以後根本沒辦法像以前那樣工作。
I still have to do physiotherapy regularly now, usually once a week. Sometimes if I walk for a bit longer, my foot starts hurting. My previous job required standing for long periods and operating machinery, so after the injury, I simply couldn't work like I used to.
- Solicitor · turn 21
We’ll rely on the medical reports and your evidence to establish the extent of your injury and its impact on your capacity for work. The company may dispute some aspects of the claim, which is why your evidence at the hearing is important.
我們將依靠醫療報告和您的證詞來確立受傷的嚴重程度及其對您工作能力的影響。公司可能會對索賠的某些方面提出異議，這正是您在聆訊中作證的重要性所在。
- Mr Li · turn 22
我最擔心的是，如果法官最後不相信我的話怎麼辦？公司會不會說這只是同事之間開玩笑，跟工作沒有關係，所以他們不需要負責？
What worries me most is: what if the judge doesn't believe me in the end? Could the company argue that it was just horseplay between colleagues and had nothing to do with work, so they're not responsible?
- Solicitor · turn 23
That’s one of the issues that may be argued. However, the incident occurred at your workplace while you were performing your duties. We’ll present the available evidence and explain the circumstances surrounding the accident. Ultimately, the court will decide the disputed issues.
那是可能爭辯的焦點之一。然而，這起意外發生在您的工作場所，且當時您正在履行職務。我們將向法庭呈交現有證據並解釋事故前後的情形。最終將由法庭就這些爭議事項作出裁決。
- Mr Li · turn 24
那我下個星期一定要親自出庭嗎？說實話，我以前從來沒有上過法庭，一想到要在那麼多人面前作證，還要被對方律師盤問，我就很緊張。
Do I definitely have to appear in court in person next week? To be honest, I've never been to court before. The thought of testifying in front of so many people and being cross-examined by the opposing lawyer makes me very nervous.
- Solicitor · turn 25
At this stage, you should prepare on the basis that you’ll be called as a witness. I’ll meet you before the hearing and explain the procedure. Remember, you don’t need to memorise a statement. You need to listen carefully, speak clearly and tell the truth based on what you actually remember.
現階段，您應該按照會被傳召出庭作證來做準備。開庭前我會與您會面，向您解釋法庭程序。請記住，您不需要死記硬背口供陳述。您只需仔細聆聽、清楚表達，並根據自己的真實記憶說實話。
- Mr Li · turn 26
好的。那這個案子有沒有可能不用上法庭？之前你提過庭外和解。如果公司願意賠償，是不是我們可以直接把事情解決掉？
All right. Is there any chance this case won't have to go to court? You mentioned an out-of-court settlement before. If the company is willing to compensate, can we just settle the matter directly?
- Solicitor · turn 27
Yes. An out-of-court settlement is still possible. In fact, negotiations can continue right up until the hearing. If the other side makes a reasonable settlement offer, I’ll explain the amount, the legal consequences and the advantages and disadvantages of accepting it.
是的，庭外和解仍然是有可能的。事實上，和解談判可以一直持續到開庭之前。如果對方提出合理的和解方案，我會向您詳細解釋賠償金額、法律後果，以及接受方案的利弊。
- Mr Li · turn 28
如果真的有和解方案，我最關心的不只是賠償金額。我這幾年看醫生、做手術和物理治療花了很多時間，而且我的工作能力也受到了影響。我希望這些損失都能考慮進去。
If there really is a settlement offer, my main concern isn't just the payout amount. Over the past few years, seeing doctors, having surgery and attending physiotherapy have taken up a lot of time, and my ability to work has been affected. I hope all these losses can be taken into account.
- Solicitor · turn 29
Certainly. Any settlement proposal needs to be considered in light of the evidence, your medical condition and the losses that can legally be claimed. Don’t accept or reject anything directly from the company or its insurer. If they contact you, refer them to me.
這是當然的。任何和解提議都必須根據現有證據、您的醫療狀況以及法律上可索賠的各項損失來通盤考慮。切勿直接接受或拒絕公司或其保險公司的任何提議。如果他們聯繫您，請讓他們直接來找我。
- Mr Li · turn 30
明白。如果能達成一個合理的庭外和解，我當然不想把事情拖得更久。但是如果對方提出的條件不合理，我也願意出庭，把事情的經過清清楚楚地告訴法官。
Understood. If a reasonable out-of-court settlement can be reached, of course I don't want to drag this out any longer. But if the terms they offer are unreasonable, I'm willing to appear in court and explain the whole story clearly to the judge.
- Solicitor · turn 31
That’s the right approach. For now, continue attending your physiotherapy appointments and keep us informed of any changes in your condition. I’ll contact you if we receive a settlement offer before the hearing. Otherwise, I’ll see you at court next week.
這樣的心態很正確。目前，請繼續按時進行物理治療，若傷情有任何變化請隨時通知我們。如果開庭前收到對方的和解提議，我會主動聯絡您。否則，我們下週法庭見。
- Mr Li · turn 32
好的，謝謝你。知道下個星期大概會發生甚麼之後，我心裡踏實多了。我會繼續接受治療，也會把所有相關的醫療文件保存好。下週法庭見。
All right, thank you. Now that I know what to expect next week, I feel much more at ease. I'll continue with my treatment and keep all the relevant medical documents safe. See you in court next week.
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