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If it is a casual person invited by the homeowner, then the responsibility is completely responsible for the homeowner, if it is an organized person, then the boss of this team is mainly responsible or fully responsible!
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Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation.
Article 14: Where a helper suffers personal injury as a result of helper's activities, the aided worker shall be liable for compensation.
Regardless of whether there is a construction permit or not, there is or no will have little impact on the compensation.
If it is a construction team, the person in charge of the construction team is responsible.
If it is a direct helper, the homeowner is fully responsible.
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1. As long as the owner directly hires workers or asks someone to repair the house, the owner should be fully responsible. The basis is:
Articles 11 and 14 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 have already been given by friends upstairs and will not be repeated.
2. If the homeowner is responsible for the construction team, all the house repair projects will be contracted to the construction team
1) In the case that the construction team has the corresponding qualifications: the loss of the worker shall be compensated by the person in charge of the construction team, and the homeowner shall not be liable.
2) If the construction team does not have the corresponding qualifications: the homeowner and the person in charge of the construction team shall be jointly and severally liable for compensation, that is, the injured person can claim compensation from the construction team leader and the homeowner.
The basis is the second paragraph of Article 11 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: "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 safety production conditions, it shall be jointly and severally liable with the employer for compensation."
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Legal analysis: The accident investigation team shall perform the following duties: (1) find out the process, causes, personnel and direct economic losses of the accident; (2) Determine the nature of the accident and the responsibility for the accident; (3) Put forward suggestions on the handling of the person responsible for the accident; (4) Summarize the lessons of the accident and put forward preventive and corrective measures; (5) Submit a land code accident investigation report.
Legal basis: Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China Article 99 Anyone who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ: 1. Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended; 2. Giving a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been suspended or temporarily detained; 3. Fleeing after causing a traffic accident, which does not constitute a crime; 4. The motor vehicle exceeds the speed limit by 50%; 5. Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws and regulations and the driving requirements of the motor vehicle Amphi Si Daquan, causing a traffic accident, which does not constitute a crime; 6. Forcibly passing in violation of traffic control regulations and not listening to dissuasion; 7. Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime; 8. Illegally intercepting or detaining motor vehicles, and not listening to dissuasion, causing serious traffic jams or large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.
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Legal Analysis: Persons directly responsible for the former group members: refers to the personnel whose actions are directly related to the occurrence of the accident. Within the scope of their duties, Party members or leading cadres who do not perform or incorrectly perform their duties in the middle of the process, and play a decisive role in the losses or consequences caused.
Legal basis: Work Safety Law of the People's Republic of China Article 13 The State implements a system of accountability for production safety accidents, and investigates the legal responsibility of the persons responsible for production safety accidents in accordance with the provisions of this Law and relevant laws and regulations of Huigao Orange.
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If there is a major accident or other serious consequences caused by a production safety accident, the person in charge who is directly responsible and other directly responsible personnel shall be sentenced to fixed-term imprisonment of three years or fixed-term imprisonment of not less than three years but not more than seven years if the stool and pants section of the short-term detention is particularly bad.
Legal basis: Article 135 of the Criminal Law of the People's Republic of China Where production safety facilities or production safety conditions do not conform to national regulations and regulations, and thus a major accident occurs or other serious consequences are caused, the directly responsible managers and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention is particularly heinous, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
In the event of an accident between a non-motor vehicle and a motor vehicle, the motor vehicle is primarily responsible! This is left to the insurance company and the traffic police to deal with. There is no need to pay medical bills.
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