Is the employer liable for no fault compensation for personal injury suffered by an employee in the

Article 11 of the Interpretation 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 an employee in the course of employment activities.

Employment Relations. If a third party other than the employee causes personal injury, compensation shall be made to the right holder.

A third party may be requested to bear the liability for compensation, and the employer may also be requested to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

Case replay. On a rainy day in February 2013, Qian called Zhou and Fan to arrive.

Langya District, Chuzhou City.

Bali Village. Unloaded the luggage for Qian, and agreed to pay 100 yuan per person after unloading. Upon arrival at the scene, the delivery driver.

Chen. The rainproof cloth and rope of the packing luggage have been untied, and Zhou has just unloaded two suitcases after getting on the car, when the suitcases on the carriage suddenly collapsed, and Zhou collapsed with his suitcases, causing Zhou to fall and be hospitalized**. After the incident, Qian paid part of Zhou's medical expenses.

Later, Zhou sued the court, demanding that Qian and Chen compensate for the losses caused by their injuries.

Court decision. The court held that.

Qian handed over the unloading work to Zhang, Zhou, and Fan, and agreed to pay a certain amount of remuneration after completion, and the legal relationship between Qian and Zhou was in line with the responsibility of the laborer; Formed between individuals.

Labor relations. If the party providing the labor service suffers damage due to the labor service, it shall bear the corresponding liability according to the degree of fault of both parties, and Qian should bear the main responsibility in this case. Chen is.

Distribution. Although the driver hired by Fang was not the party that accepted Qian's labor services and had no legal interest in Zhou, in this case, after untying the rainproof cloth and rope of the luggage carrying the goods, he should have the obligation to inform the unloading personnel to prevent the collapse of the goods from causing potential safety hazards. Zhou has.

Full capacity for civil conduct.

It should know that it is dangerous to get on the car and unload the goods, and failed to pay attention to the dangerous situation when unloading the luggage, and because of its negligence, the accident caused the bag to collapse and cause it to fall and injure itself, and it has a certain degree of negligence.

Infringed Parties. If there is also fault for the occurrence of the damage, the liability of the infringer may be reduced, and the court shall determine that Zhou and Chen shall each bear part of the responsibility, and Qian shall bear the main responsibility.

Article 6 of the Tort Liability Law of the People's Republic of China [Principle of Fault Liability and Presumption of Fault] Where an actor infringes on the civil rights and interests of others due to his fault, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability. Article 26 provides:

Where the infringed party is also at fault for the occurrence of the damage, the infringer's liability may be reduced.

1. If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 9 Where an employee causes injury to another person in the course of engaging in employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

"Engaging in employment activities" as used in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be "engaging in employment activities".

Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China.

45. Where persons employed by individually-owned businesses, rural contracted business households, or partnership organizations cause harm to others in the course of carrying out the production and business activities provided for in the employment contract, the employer is the party.

Analysis and Explanation] The employment relationship to which this article applies mainly exists in private enterprises, foreign-funded enterprises, individual industrial and commercial households, individual partnerships, contracted business households, individual employees, etc. The establishment of the employment relationship mainly depends on the following points:

1) Whether the parties have an employment contract, both written and oral;

2) whether the employee is remunerated;

3) whether the employee is engaged in the provision of labor services;

4) Whether the employee is under the control, direction and supervision of the employer.

There are two aspects of employment activity:

1) Production and business activities or other labor activities within the scope authorized or instructed by the employer;

2) The employee's manuscript is clear and beyond the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties.

In an employment relationship, there are three main points to pay attention to:

1) The employee shall be vicarious for compensation for the damage caused by the employee's employment activities;

2) If the employee causes damage due to intentional or gross negligence, the employer and the hired messenger shall be jointly and severally liable for compensation to the victim;

3) The employer has the right to recover from the employee after assuming joint and several liability.

4) In general, the defendant is the employer, and the employee can participate in the lawsuit as a third party; If an employee intentionally or grossly negligently causes damage, the employee and the employer are joint defendants.

2. Disputes between employees and employers.

If the driver is caused in the course of performing his duties, you need to bear it, if you drive out without permission and hit it, the driver will bear it, if you have any questions, you can contact this lawyer.

3. How should the employer compensate the employee for the disability caused by the car accident.

If an employee becomes disabled as a result of a traffic accident, the employer is not required to compensate the employee. According to the relevant laws and regulations, if an employee is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible during the commuting or work trip, it shall be recognized as a work-related injury and shall be paid by the work-related injury insurance**. However, if the social insurance is not paid, the employer will pay it.

Legal Analysis: If an employee suffers personal injury while engaging in employment activities, the employer shall be liable for compensation. 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.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 5: Where a helper who provides labor services without compensation suffers personal injury as a result of his helper's activities, he or she shall bear corresponding responsibility according to the respective faults of the helper and the helped; Where the assisted worker explicitly refuses to help, the assisted worker is not liable for compensation, but may be appropriately compensated within the scope of benefits. Where a helper suffers personal injury due to a third party's conduct in the course of helper activities, he has the right to request that the third party bear the liability for compensation, and also has the right to request that the helpee make appropriate compensation.

After the worker is compensated, he can recover from a third party.

Legal Analysis: Employing employees to engage in employment activities refers to engaging in production and business activities or other labor activities authorized by the employer or only within the scope. Even if an employee's conduct exceeds the scope of the employer's authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be deemed to be engaged in employment activities.

Legal basis: Article 9 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 Article 9 Where an employee causes injury to another person in the course of employment activities, the employer shall be liable for compensation, and if the person causes the injury due to intentional or gross negligence, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.