In the event of an accident involving a contractor s worker, what is the responsibility of the emplo

If the employer implements contracted operation, the liability for work-related injury insurance shall be borne by the unit where the employee's labor relationship is located.

If an employee is injured in a work-related accident while on secondment, the original employer shall bear the work-related injury insurance liability, but the original employer and the secondment unit may agree on compensation methods.

If there is no problem with the contractor's qualifications, the employer shall not be legally liable.

I am a construction contractor, and if a worker has a safety accident, is the employer responsible for the accident?

Hence the division of responsibilities.

I am a construction contractor, and if a worker has a safety accident, is the employer responsible for the contractor to only send you the project and not to you the accident.

As a contractor, the responsibility for safe production lies with you. Regardless of the purpose, it is impossible to pass on responsibility and loss.

Liquidation Labor There is a work-related accident on the construction site Is the liquidator fully responsible?

Contracts for contracting labor. The contractor must bear the safety of the worker's personal accident The work-related accident has nothing to do with whether the labor contract has been signed In the accident, both parties A and B are responsible If Party A contracts the project to Party B that lacks the specified qualifications, Party A bears 50% of the responsibility If Party A contracts the project to Party B with the specified qualifications, Party A bears about 10% of the responsibility.

1 p. 34.

Our company undertook a project, and we contracted the labor cost to a contractor, and the contractor called the worker who should pay for the safety accident on the construction site.

Your company does not have any direct employment relationship with the employee who was involved in the accident. Your company does not need to bear the corresponding civil liability.

The personnel in the labor subcontract shall be borne by the subcontractor Whether the general contractor is responsible 1. If the landlord feels that the subcontract is not suitable, he can not sign it at all.

2. The landlord said that the ** at that time only included labor and material costs, which was the landlord's own business.

** It was made by the landlord and has nothing to do with others.

3. If the landlord signs the contract, the landlord will be responsible for the workers hired by the landlord in the event of a work-related injury or death.

Even if there is no clause in the subcontract such as work-related injury, if an accident occurs among the workers employed by the landlord, of course, the landlord is responsible, and it has nothing to do with the construction engineering company, and the construction and installation company is certainly not responsible.

4. The Labor Contract Law stipulates the relationship between the employee and the employer. The landlord hires workers, the workers work for the landlord, and the landlord is the "employer" of the hired workers, not the construction and installation company.

Workers are injured and the contractor of illegal subcontracting shall be responsible, in the actual construction process, workers are affected by the contractor is a thing that happens from time to time, once the worker is injured, the following three types of personnel shall bear the corresponding legal responsibility:

1. If the worker is injured, the contractor and other actual construction parties must compensate.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the employer shall be liable for compensation for personal injuries suffered by employees in the course of employment activities. In a construction project, the worker is employed by the contractor, but in fact he is the worker's employer, so when the worker is injured, the contractor can claim compensation for the corresponding losses.

2. If the worker is injured, he can find the company affiliated with the construction party or the contractor who illegally subcontracted for compensation.

In real life, if the actual construction party wants to undertake a construction project, it will often choose a construction company to be affiliated with, so that it is easy to undertake the project. Therefore, when a worker is injured, if the construction party is unwilling or unable to bear the liability for compensation, the worker or the worker's family can seek compensation from the construction company to which the contractor is affiliated or the contractor who illegally subcontracted. Because the above-mentioned judicial interpretation clearly stipulates:

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer accepting the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation."

3. If the worker is injured, he can claim compensation from the employer.

From the above-mentioned judicial interpretation, it can be seen that if the employer clearly knows or should know that the actual construction party does not have construction qualifications, but allows or acquiesces in the construction project, the employer shall be liable for compensation when the worker is injured, and compensate the worker for the loss if the contractor is unable to compensate. However, if the employer contracts the construction work to a qualified contractor, then in the event of an injury to a worker, it is generally not related to the employer.

Therefore, when the workers of the construction party are subjected to the construction party, the contractor repents that he has illegally subcontracted the construction project, and he must bear the corresponding liability for compensation.

Legal basis. Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation.

Legal Analysis: If a contractor's worker is injured and the employer knows or should have known that the employer who is accepting the contract or subcontract business does not have the corresponding qualifications or safety production conditions, it shall be jointly and severally liable for compensation with the employer who ordered the contractor.

Legal basis: Article 11 of the Judicial Interpretation on Compensation for Personal Injuries The employer shall be liable for compensation for personal injury suffered by an employee in the course of employment activities. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.

After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.

Legal analysis: the relationship between the worker and the employer, the employer, or the employment relationship or labor relationship. If a personal injury occurs at work, it needs to be dealt with separately.

Legal basis: "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 11 The employer shall be liable for compensation in accordance with ordinary personal injuries; In the event of a safety incident, if the employer or subcontractor knows or should know that the unit or individual receiving the contract or subcontract does not have the qualifications for employment and production safety, the worker may demand that the employer or subcontractor bear joint and several liability for compensation. If it is not a work-related injury or cannot be recognized as a work-related injury, compensation may be considered in this way.

Legal analysis: If an employee is injured in the process of employment, the contractor shall be liable for compensation, and the employer and the employer shall be jointly and severally liable for compensation.

Legal basis: Article 19 of the Regulations on Work-related Injury Insurance After accepting the application for work-related injury recognition, the social insurance administrative department may, according to the needs of the review, investigate and verify the accident or Zen Chong injury, and the employer, employee, trade union organization, medical institution and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases.

The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law. If the employee or his close relatives believe that it is a work-related injury, but the employer does not believe that it is a work-related injury, the employer shall bear the burden of proof.

Summary. If a contractor's worker is injured, the employer may be liable.

If the contractor's worker is injured, is the employer responsible?

If a contractor's worker is injured, the employer may be liable.

If a labor contract relationship is formed between the worker and the employer and it is a work-related injury, the worker shall enjoy work-related injury insurance benefits, and the employer shall be liable.

If a third party other than the employer infringes upon a personal injury caused by the infringement, the third party may be requested to bear civil liability for compensation, and the employer is not liable.

Legal analysis: The contractor and the employer shall be liable for compensation in accordance with the agreement of the contract signed by the contractor and the employer, and if there is no agreement or the agreement is not clear, the liability for compensation shall be borne according to the degree of fault liability of both parties. The employer failed to pay the contract fee as agreed, and demanded payment, but the negotiation failed, and the lawsuit was settled.

Legal basis: "Regulations on Work-related Injury Insurance" Article 7 If a contractor with the qualifications of an employing entity violates the provisions of laws and regulations by subcontracting or subcontracting the contracting business to an organization or natural person that does not have the qualifications of an employing entity, and the worker recruited by the organization or natural person engages in the contracting business due to work, the contractor with the qualifications of the employing entity shall bear the work-related injury insurance liability that the employer shall bear in accordance with law.

Legal analysis: It is a contract relationship, and the employer is responsible for the problems of the other party's employment of pickpockets.

Legal basis: Construction Law of the People's Republic of China

Article 36 The safety production management of construction projects must adhere to the safety of the first hall.

First, the principle of putting prevention first, establish and improve the responsibility system for safe production and the system of mass prevention and treatment.

Article 37 The design of construction projects shall conform to the construction safety regulations and technical specifications formulated in accordance with the provisions of the State to ensure the safety performance of the project.

Article 38 When preparing the construction organization design, the construction enterprise shall, according to the characteristics of the construction project, formulate the corresponding Anwu Xun full technical measures and the project with strong professionalism, shall prepare the special safety construction organization design, and take safety technical measures.

Article 39 Where a construction enterprise shall take measures to maintain safety, prevent dangers, prevent fires, etc., at the construction site, it shall implement closed management of the construction site.

If the construction site may cause damage to adjacent buildings, structures and special working environments, the construction enterprise shall take safety protection measures.