Liability for the death of a worker on the construction site

Article 11 Where an employee suffers personal injury in the course of 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.

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.

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

1.It's a work-related injury

Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury under any of the following circumstances: Death of sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; Suffering harm in activities to safeguard national interests or public interests, such as disaster rescue; Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

2.Of course, too

3.If the private foreman is not qualified, the construction company will directly assume the responsibility.

This is treated as a work-related injury, you can refer to the following rules for details.

Article 37 If an employee dies on the job, his immediate family members shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40 per month for spouses, 30 per month for each other relative, and 10 per month for each elderly or orphan who is lonely or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department;

3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year. The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.

1. According to the regulations on work-related injury insurance, a sudden illness or death at the place of work during working hours shall be regarded as a work-related injury. The on-site dormitory should not be counted as the workplace (unless there is evidence that he worked in the dormitory or died after returning to the dormitory after the workplace became ill) and therefore should not be counted as a work injury. Your friend has no responsibility.

2. Even if it is considered a work-related injury, if the construction company invited by your friend is a licensed and qualified legal enterprise, the company should be held responsible, and your friend, as the employer, will only bear joint and several liability at most when the contractor maliciously infringes on the legitimate rights and interests of workers (whether to bear joint and several liability varies from place to place, it is recommended to consult a local lawyer).

3. Moral responsibility is not prescribed by law, so it will not be discussed.

By: look91 - Senior Manager Level 7 6-25 10:03 Not my work.

In accordance with Article 1 of the Regulations on Work-related Injury Insurance.

Ten. 4. Article 15 stipulates that the circumstances that shall be recognized as work-related injuries shall be regarded as work-related injuries, including the following provisions: During working hours and at work, a person who dies of sudden illness or dies within 48 hours after rescue is ineffective, shall be regarded as a work-related injury.

If you go back to the dormitory to rest after falling ill on the construction site, and then you are sent to the hospital due to physical discomfort, and the hospital declares you dead of myocardial infarction, then it is considered a work-related injury.

Compensation in accordance with the Workers' Compensation Ordinance.

insurance, then this cost must be borne by the social security institution, if there is no one, it will be paid by the unit.

Article 39 of the Regulations on Work-related Injury Insurance stipulates that if an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions. The social insurance administrative department shall make timely adjustments in accordance with changes in the average wages and living expenses of employees.

It shouldn't have anything to do with your friends, but why don't workers do medical checkups? In Shenzhen, no matter where you work, you have to have a physical examination first