Editorial: Japan Court Rectifying Late Disability Disability ” Lost Profit

In a historical ruling, the Superior Court of Osaka acknowledged that an 11 -year -old girl with auditory difficulties who was killed in a traffic accident would have won the same as those who have no disabilities in the future, giving her family a higher compensation than in the declaration of the lower court.

The demand challenged the “lost profits” of Ayuka Ide, who died in the 2018 accident. By ruling that his estimated profits for life are the same as those of people without disabilities, the court dissipated the stereotype that “those with Disabilities cannot work the same as those who are not. ”

Lost profits are the future income that a person would have won whether he had survived or did not injure, and a key factor for calculating the amount of compensation. The profits of the children for life are calculated according to the average salary of all workers.

In previous judicial failures, lost profits for people with disabilities were reduced with the argument that their work capacity is limited. In the last case, the Osaka District Court had ruled that the girl would have won 85% of the average salary in the future.

Meanwhile, the Osaka Superior Court acknowledged that IDE was highly qualified in communication and would have had fewer problems working in the future. In addition, he focused on the progress in digital technology and the development of laws in recent years.

The performance of the headphones has improved thanks to artificial intelligence, and the general use of audio applications to text has diversified the media.

According to the law to eliminate discrimination against people with disabilities, administrative agencies and private companies must pay a reasonable consideration to improve the environment for people with disabilities. The law to facilitate the use of people with disabilities requires commercial operators to create a comfortable work environment for these people.

There are many people with auditory disabilities who work in places where the necessary measures are taken, communicating with people with the help of digital technology.

The Superior Court said that at the time of the 2018 accident, such a situation could have been predicted that it came true when IDE began operating.

The ruling corrected the disparity between those with disabilities and not affected people by taking into account social changes and future potential.

In a 2023 survey by the Ministry of Health, Labor and Welfare, there were approximately 1.1 million people with disabilities used in Japan, more than 250,000 in five years.

Meanwhile, government consultation services have received complaints from these workers, including: “My employer discriminated on me” and “I requested consideration, but my request has not been received.”

The difficulties faced by people with disabilities in their daily lives come from social barriers. The Osaka Superior Court ruling is based on this notion.

To build a society where people are guaranteed regardless of disabilities, we must incessantly strive to eliminate those “barriers.”