If a worker is employed by my family and suffers a work related injury, how should my family compens

Compensation should be made in accordance with the standard of compensation for personal injury.

In such cases, the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" may be referred to to enforce the compensation standards.

First of all, according to Article 9 and Article 11 of the Interpretation, it is stipulated that:

Article 9 Where an employee causes injury to a person in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to another person intentionally or through 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.

"Referred to in the preceding paragraph"."Engage in employment activities"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"Engage in employment activities"。

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.

Through the above two provisions, your family must be jointly and severally liable for compensation. However, if the worker is injured by the responsibility of a third party, you can pay compensation first and then file a civil claim for compensation against the third party.

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

In short, you can refer to this "Explanation" more, and the last few are calculation methods. You can find it by typing in the full name of the explanation I mentioned at the beginning, so I won't repeat it here!

Legal Analysis: Temporary workers are injured and hired by the company needs to pay for medical expenses. The relationship established between a temporary worker and an employer in the legal nature is a labor relationship, which is different from an employment relationship, and since both parties are not at fault for the occurrence of the damage, the principle of fairness applies, that is, the beneficiary shall make appropriate compensation for the economic losses of the injured party within the scope of benefits, rather than compensation.

Legal basis: Article 1191 of the Civil Code of the People's Republic of China Where the staff of an employer causes damage to others due to the performance of their work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.

During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability, and if the dispatching unit is at fault, it shall bear the corresponding liability.

Summary. Article 1192 of the Civil Code of the People's Republic of China Where the party providing labor services suffers damage due to labor services, it shall bear corresponding liability according to the respective faults of both parties.

Article 1192 of the Civil Code of the People's Republic of China provides that if the party providing labor services suffers damage due to the labor services of the People's Republic of China, it shall bear the corresponding responsibilities according to the respective faults of both parties.

First of all, it is necessary to divide the responsibilities of both parties, and the general employer does not bear 100% responsibility.

The items that need to be compensated generally include medical expenses, lost work expenses, transportation expenses, nutrition expenses, disability compensation, etc.

The specific amount of compensation is calculated based on actual expenditures depending on the project.

Legal Analysis: For injuries sustained in private employment activities, compensation is generally made in accordance with tort liability, but not in accordance with work-related injury liability. That is, 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, or may request the employer to bear the liability for compensation, and the employer may recover from the third party after assuming the liability for compensation.

Private employment in the Qing Dynasty does not belong to the protection and regulation of labor law relations, so it cannot be determined as a work-related injury.

Legal basis: Article 1192 of the Civil Code of the People's Republic of China Article 1192 Where a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service 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 third party's act of hunger and imitation 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.