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First of all, it depends on whether the worker you subcontracted has the qualifications for construction. If he doesn't have this qualification, you need to be jointly and severally liable with him. If this worker has this construction qualification.
Then the landlord can come to you according to the contract to fulfill the obligation to compensate. Or go directly to the worker and ask him to bear the responsibility for this infringement. It mainly depends on who the landlord is looking for.
If the landlord comes to you and assumes this responsibility, you can go to the specific construction personnel to ask him to compensate after you have paid compensation.
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You are responsible, you are the contractor of the project, and you are responsible for the losses caused by the subcontractor's workers, and you need to compensate and then recover from the subcontractor.
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There should be responsibility, no matter who broke it, they should be compensated, you are the boss of this worker, of course you are responsible, the worker can't take it out, only the boss will compensate.
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ResponsibleNo matter who broke it, there must be responsibility, and whoever broke it will pay compensation or the boss will compensate.
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You should be responsible for subcontracting the work from the landlord to someone else, and you are just a tenant of the landlord. The landlord is responsible for subcontracting to someone else.
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You are jointly and severally liable. You can pay the landlord first and then negotiate a settlement with the worker.
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You must be responsible, because the landlord can only look for you and take the job from you. Since you have subcontracted to someone else, you can find someone else to be responsible for compensation
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You have a management responsibility, and you can pay first and then claim against your contractor.
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It has nothing to do with you. You don't need to step in. The owner of the thing wants to contact the landlord, you try not to intervene and let him find the construction party.
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Shall not gather in the Fu Building to play the game of the living room 8
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Accidental injuries caused by employees while working are legal employment relationships and should be borne by the employer for compensation. If a labor relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear tort liability. If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties.
Legal analysisInjuries sustained while working for private individuals are also injuries sustained in the course of work, and the liability is in principle borne by the employer. 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. In the event of the death of the victim, if there is an employment relationship, or if the existence of an employment relationship can be proven, in accordance with the provisions of the law, he may receive death compensation equal to 32 times the average annual income of the urban residents where he is located, as well as child support, alimony, and funeral expenses of the person who depends on him. If there is no employment relationship, or the existence of an employment relationship cannot be proven, compensation can only be made on the basis of personal injury, which makes it difficult to obtain evidence.
Legal basisArticle 1192 of the Civil Code of the People's Republic of China Where a labor relationship is formed between individuals, and the party providing the labor services causes damage to others due to the labor services, the party receiving the labor services shall bear tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence. If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties.
During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.
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First look at whether there is a contractor, if so, see if there is work-related injury insurance, if so, you can identify work-related injuries. If not, you can ask the contractor for compensation according to the work-related injury standard. In the above cases, the landlord is only jointly and severally liable.
If the labor relationship is established by directly contracting with the landlord, the landlord can be exempted from liability or mitigated liability if the landlord has provided safe working conditions and places, and whether the landlord has fulfilled the obligation of reasonable reminders.
The scope of compensation is medical expenses, lost work expenses, disability compensation (if any), living expenses of dependents and other expenses, and then according to the proportion of responsibility of both parties, each of them shall bear responsibility within the scope of responsibility.
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Summary. According to Article 166 of the General Provisions of the Civil Law of the People's Republic of China, when the perpetrator of the damage intentionally or due to gross negligence causes the damage, he shall bear civil liability. Therefore, if you intentionally or grossly negligently damage the landlord's belongings, you should be held civilly liable and compensate the landlord for the damages.
I talked to the landlord and broke other people's things, how to divide the legal responsibility.
According to Article 166 of the General Provisions of the Civil Law of the People's Republic of China, when the perpetrator of the damage intentionally or due to gross negligence causes the damage, he shall bear the responsibility for the promotion of the incident. Therefore, if you deliberately or due to the gross negligence of Zheng Xingchang to damage the landlord's belongings, you should bear civil liability and compensate the landlord for the loss.
Excuse me, what is the value of the broken thing.
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Summary. If the homeowner causes the worker to be injured in the process of helping the contractor (contractor) to work, then the homeowner shall bear the corresponding tort liability according to the law, and the worker's personal injury needs to be compensated. Specifically, the scope of compensation includes various losses such as medical expenses, compensation for mental damages, unemployment compensation, and transportation expenses.
The exact amount of compensation needs to be assessed on a case-by-case basis for the worker's loss, and is best assessed and handled by a professional lawyer and insurance investigator. This can be done by following these steps: Negotiated Mediation:
If the worker's injuries are minor, you can first try to negotiate with the worker, agree on the amount of compensation, and sign a compensation agreement. If the worker refuses to sign the agreement or the parties are unable to negotiate, it can be resolved through judicial means. Filing a lawsuit:
If negotiation is not possible or the victim refuses to deal with it properly, the homeowner can file a lawsuit with the people's court and compensate the worker for economic losses and personal injuries in accordance with the statutory compensation standards.
If the homeowner causes the worker to be injured in the process of helping the contractor (contractor) to work, then the owner of the house shall bear the corresponding tort liability according to the law, and the worker's personal injury needs to be compensated. Specifically, the scope of compensation includes various losses such as medical expenses, compensation for mental damages, unemployment compensation, and transportation expenses. The exact amount of compensation needs to be assessed on a case-by-case basis for the worker's loss, and is best assessed and handled by a professional lawyer and insurance investigator.
The following steps can be followed: Negotiation and mediation: If the injury is relatively minor, you can first try to negotiate with the worker, agree on the amount of compensation, and sign a compensation agreement.
If the worker refuses to sign the agreement or the party is unable to negotiate, it can be resolved through judicial means. Filing a lawsuit: If it is not possible to negotiate or the victim refuses to deal with it properly, the homeowner can file a lawsuit with the people's court and compensate the worker for economic losses and personal injuries in accordance with the statutory compensation standards.
Refer to the advice of the insurance company: If the homeowner has purchased the relevant insurance, you can consult the insurance company for advice, so that the insurance company can guide you on how to deal with the old and negotiate the compensation properly. It should be reminded that the best way to avoid similar situations is to hire workers to carry out renovation and maintenance work, be sure to use a regular labor company or contractor, sign a formal contract, and clarify their respective responsibilities and obligations.
In the contract, it is clear that the safety measures and responsibilities are stipulated in the contract to avoid similar situations.
There is a contract with the contractor.
In the event of an accident, the contractor is responsible.
Then I will compensate according to the basic situation I mentioned above.
People were injured by the homeowner.
It is best to go through the legal process to compensate.
Is the homeowner fully responsible?
First according to the agreement, and then according to the division of responsibilities.
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