How can the homeowner compensate for the death caused by the workers themselves during the construct

Updated on society 2024-04-03
21 answers
  1. Anonymous users2024-02-07

    First, determine the responsibility, the cause of the injury caused by the fallen worker, and then look at the employment relationship according to the responsibility.

    Whether it's the workers you find through the contractor team or whether you're hiring them yourself. The workers found by the contractor team will see how the liability for work-related injuries is defined among them, and of course the employer will also pay a small amount of humanitarian compensation.

    If you are directly employed, you will be liable for your share of the liability according to the liability.

  2. Anonymous users2024-02-06

    Of course, homeowners have something to do with it. There may be some responsibility.

  3. Anonymous users2024-02-05

    You said that he has a certain responsibility for his own **, but the employer is mainly responsible?

  4. Anonymous users2024-02-04

    In this case, it can only be resolved through negotiation, because the owner of the house is also very responsible for the death caused by the worker himself when building the house, because after all, he is building a house, so he should be almost half responsible!

  5. Anonymous users2024-02-03

    First of all, see whether there is a labor contract, if the normal wage is paid every day, the homeowner should refer to the regulations of work-related death, if it is purely to help, and the accident occurs, the homeowner should bear the responsibility of no fault, and give appropriate economic compensation.

  6. Anonymous users2024-02-02

    What about this situation? If you look at the nature of your building, if it is a contractor, of course, it will be borne by the contractor.

  7. Anonymous users2024-02-01

    This is divided into many situations, if the worker you are looking for dies due to the work while building a house in your house, this responsibility is very large or full responsibility, if you contract the construction of the house to the engineering team, and someone else is looking for a worker, then you will only pay a little joint and several liability.

  8. Anonymous users2024-01-31

    In a dispute over compensation for the damage suffered by the labor provider, the homeowner is liable for the negligence of the selected contractor, and generally needs to bear about 15% of the liability.

    Workers themselves, as adults, are also responsible for 15 per cent of the failure to take care of their safety obligations.

    The contractor has a safety guarantee obligation and needs to bear most of the compensation liability, about 70% of the compensation liability.

  9. Anonymous users2024-01-30

    Your question is how the homeowner will compensate for the death caused by the workers themselves in the construction of the house, and see how the contractor will be responsible if it is contracted out. Find someone to build a house by yourself, and the ** that appears is up to you.

  10. Anonymous users2024-01-29

    In the process of building a house, although the death was caused by the workers themselves, the homeowner must also bear some responsibility.

  11. Anonymous users2024-01-28

    Hello, if I have a life **, the homeowner should have to lose most of the money, and then have some personal private negotiations. If this happens to you accidentally, then you should lose less.

  12. Anonymous users2024-01-27

    If the specific compensation is still negotiated between the two parties, it will not be made up too much if it is caused by itself.

  13. Anonymous users2024-01-26

    How can the homeowner compensate for the worker's own incurre? It depends on how you sign the contract, and you can consult a lawyer.

  14. Anonymous users2024-01-25

    In the construction of the house, the workers themselves are caused by **, and the homeowner should solve it by taking legal channels!

  15. Anonymous users2024-01-24

    In the construction of the house, the death caused by the workers themselves, you should communicate with the family of the deceased, and negotiate how to solve the problem by looking at this word? How much is the compensation?

  16. Anonymous users2024-01-23

    Legal analysis: 1. Death compensation, funeral expenses, lost work expenses, living expenses for dependents, moral compensation, transportation expenses, etc. 2. The compensation for death mainly depends on the age of the deceased and the type of household registration.

    3. The amount of compensation for the death of rural residents is generally about 400,000 yuan, and the amount of compensation for urban residents (rural residents who have lived or worked in cities and towns for more than one year) is about 700,000 yuan.

    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 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 working ability, including disability compensation, disability assistive devices, and living expenses of 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.

  17. Anonymous users2024-01-22

    Legal analysis: Compensation for the homeowner who fell to death of a worker in a rural self-built house: 1. For processing contracting, if the contractor causes damage to a third party or causes damage to itself in the process of completing the work in accordance with the provisions of the law, the contractor shall not be liable for compensation.

    However, if the person making the order is negligent in the selection of the person who made the order or instructed it, he shall bear the corresponding responsibility for compensation. 2. The employer shall be liable for compensation for personal injury suffered by an employee in the course of employment activities.

    Legal basis: Regulations on Work-related Injury Insurance

    Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

    1) Being injured in an accident due to work-related reasons during working hours and in the workplace;

    2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

    3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

    4) Suffering from occupational diseases;

    5) Injured or unaccounted for in an accident while away for work;

    6) On the way to and from work, being injured by a traffic accident for which they are not primarily responsible, or by an accident involving urban rail transit, passenger ferry, or train;

    7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

    Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

    1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

    2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

    3) Employees who previously 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.

    Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

  18. Anonymous users2024-01-21

    In this case, I think that since there is a contractor who has contracted him, then this must have the contractor envy or jujube to bear this responsibility, which has nothing to do with the homeowner, if the homeowner is late to find someone to do it from his brother, this must be borne by the homeowner himself.

  19. Anonymous users2024-01-20

    Summary. The contract relationship is "the right and obligation relationship between the contractor to complete the work and deliver the fruits of labor in accordance with the requirements of the contractor, and the contractor shall pay remuneration, and the contractor shall complete the main work with its own equipment, technology and labor, unless otherwise agreed by the parties."

    What is the responsibility of a homeowner who causes the death of a worker in a self-built house in a rural area?

    Is there a contractor for this house?

    Or is it the homeowner, looking for someone by himself, building it?

    Is it still there? Tell me, I'll give you the answer, dear.

    The first person I found first, he arranged personnel and tools to do it, and said that everyone was 200 yuan a day, and one of them was injured, are we responsible?

    Okay, I'll take a look.

    In other words, he is a foreman.

    Is there a contract?

    Yes. Is there a contract.

    There is no contract, it is just verbal, and we don't know the injured people!

    In this case, the homeowner has a certain responsibility.

    Then the homeowner and the foreman, verbally agreed, whether there were witnesses.

    Does this kind of circumstance belong to the contract, or is it the responsibility of taking care of us? At that time, there was an intermediary who was responsible for the foreman who was in charge of one of my department managers, and he was decorating my factory office in the countryside.

    This is the key to determining the size of the responsibility.

    The employment relationship is a relationship of rights and obligations in which the employee provides specific or unspecified services to the employee in accordance with the instructions and arrangements of the employee, and the employer pays Zheng Qi's remuneration according to the services provided by the employee. Shouting Qiaoru.

    The contract relationship is "the right and obligation relationship between the contractor to complete the work in front of the shed in accordance with the requirements of the contractor, deliver the fruits of labor, and pay remuneration to the contractor, and the contractor shall complete the main work with its own equipment, technology and labor, unless otherwise agreed by the party concerned by the chain clearance."

    Your situation is biased towards contracting.

    Are we responsible for this situation? How much? What is the responsibility of general contracting? How much does Gu own?

    There is no legal provision for this, saying, how much responsibility must be there. Or how many percent.

    Just say, who's bigger, who's small.

    In the employment relationship, the homeowner has a great responsibility.

    Contracting, the responsibility of the homeowner is small.

    Is there any relationship between the contract and the way the project money is disbursed? For example, let's talk about how much money you have in total, how much you give first, how much you will give when you finish it last, or how much money will you pay for the last time, or how much money will each person pay for the completion of the shirt every day, and the foreman will settle the account at one time?

    Follow, our side.

    It's all done, by the foreman, to settle the bill.

  20. Anonymous users2024-01-19

    Summary. Hello, I'm glad for your question, the death of a rural self-built house worker, is the homeowner responsible Answer: Hello, dear! <>

    According to Article 7 of the Tort Liability Law of the People's Republic of China, the actor who causes damage to others shall bear tort liability. Therefore, if the death of a rural self-built house worker is caused by the fault of the homeowner, the homeowner should bear some responsibility. If the accident is caused by the homeowner's violation of the construction plan, failure to carry out the construction in accordance with the regulations, or the lack of necessary safety protection measures during the construction process, the homeowner can be considered to be at fault.

    If the homeowner is not at fault or the responsibility can be proven to be shared, then the homeowner is not liable.

    Is the homeowner responsible for the death of a worker who built a house in a rural area?

    Hello, I'm glad for your question, the death of a rural self-built house worker, is the homeowner responsible Answer: Dear, you are good in Zaoyin! <>

    According to Article 7 of the Tort Liability Law of the People's Republic of China, the actor who causes damage to others shall bear tort liability. Therefore, if the death of a rural self-built house worker is caused by the fault of the owner of the house, the homeowner should bear some responsibility. If the accident is caused by the homeowner's violation of the construction plan, failure to carry out the construction in accordance with the regulations, or the lack of necessary safety protection measures during the construction process, the homeowner can be considered to be at fault.

    If the homeowner is not at fault or the responsibility can be proven to be shared, then the homeowner is not responsible.

    Expansion and supplement: The management of the lack of self-built houses in rural areas has always been a relatively complex problem. In China, rural residents can build their own houses, but they must follow certain regulations, such as not violating the construction plan, not occupying farmland, etc., otherwise it will generally involve illegal construction.

    In the process of construction, in addition to complying with relevant regulations, it is also necessary to pay attention to the safety protection of workers, such as dress code, safety protection measures, etc. If there is an accident**, you need to judge the responsibility according to the actual situation. If the relevant liability is determined, then the corresponding tort liability needs to be borne.

  21. Anonymous users2024-01-18

    Summary. Hello, I am glad to answer for you, is the homeowner responsible for the death of a worker in a rural self-built house? Hello, responsible, if a rural self-built house worker dies, the homeowner needs to be held responsible. According to the Tort Liability Law of the People's Republic of China, any person who causes the death, injury or property loss of another person in the course of carrying out activities shall bear tort liability.

    In the case of self-built houses in rural areas, homeowners should assess and manage the working environment of workers to ensure that safety measures are in place to avoid similar accidents. If the worker's death is directly or indirectly related to the homeowner's mismanagement, then the homeowner will be held responsible.

    Is the homeowner responsible for the death of a worker who built a house in a rural area?

    Hello, I am glad to answer for you, is the homeowner responsible for the death of a worker in a rural self-built house? If a worker in a rural self-built house dies, the homeowner needs to be held responsible. According to the Law of the People's Republic of China on Liability for Tort Posture, any person who causes death, injury or property loss to others in the course of carrying out activities shall bear tort liability. In the case of self-built houses in rural areas, homeowners should assess and manage the working environment of workers to ensure that safety measures are in place to avoid similar accidents.

    If the worker's death is directly or indirectly related to the homeowner's mismanagement, then the homeowner will be held responsible.

    Expansion and supplementation: In the process of self-built houses in rural areas, homeowners should comply with relevant construction laws and regulations to protect the labor rights and safety rights and interests of workers. Especially in construction or demolition, it is necessary to strengthen technical training and safety education for workers, and establish protective measures to improve the safety of the working environment.

    In addition, if the construction of the training project involves the occupation of other people's land or houses, it is also necessary to negotiate with the relevant personnel and go through the relevant procedures. Only by fully complying with relevant laws and regulations to ensure the legality and safety of construction projects can we minimize the loss of people and property caused by accidents. <>

    You can tell me more about the situation.

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