Help: How much responsibility does an hourly worker have to pay for an accidental injury?

According to the Labor Law, the Tort Liability Law and the Regulations on Work-related Injury Insurance, injuries sustained during working hours by temporary workers are classified as work-related injuries. Companies should be held accountable. Of course, it is the tort liability for personal injury.

In the case of work-related injury, if the victim is intentional or grossly negligent, the company may be exempted from liability within the scope of the victim's intentional full exemption and negligence.

It is clear from your description that the woman was not grossly negligent. From your description, it appears that the driver did not have an intentional element and was negligent in throwing the woman out of the car and injuring herself. The driver is hired by the company on a temporary basis and works in the name of the company, so the company should be held responsible.

So the company should take full responsibility.

Measures of the company:

1. Negotiation: Negotiate with the victim to make some concessions on medical expenses, nursing expenses, lost work expenses, and other compensation that should be paid. If it is proved that all three parties are responsible, try to make some compensation for each.

2. Arbitration: Let the arbitration institution arbitrate. In any case, the company is not immune to most of the compensation.

3. Accept the lawsuit: It is not right for the woman to sue the driver, and the court will ask her to change the object of the lawsuit. At that time, if it really seems that the company is fully responsible, then the company's compensation for the woman will be compensated in addition to medical expenses, appraisal fees, lost work expenses, and even later ** expenses that may lead to sequelae.

If the agricultural tricycle is not your company and the driver is a temporary worker, the analysis is as follows:

Agricultural tricycles cannot carry people in accordance with the law, and the driver is at fault for allowing others to ride; In addition, the woman, as an adult sane person, should have known that the agricultural tricycle could not be ridden and that she was at fault in her riding behavior; Therefore, both parties should be jointly liable for the damage (fall injury) caused by the joint fault of both parties. As the employer, the company has no fault in this injury incident and is not liable for compensation in accordance with the law, but due to the existence of labor relations between the two parties, the company shall pay the wages and benefits of the woman during the injury period in accordance with the law.

If the tricycle is owned by the company and the driver is requested by the company, the company shall pay all of the woman's medical expenses and lost work.

Legal Analysis: The relationship established by a general temporary worker and the employer in legal nature is a labor relationship, which is different from the employment relationship, because both parties are not at fault for the occurrence of the damage, so 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.

According to the provisions of the Labor Law, all employees are employees under the labor contract system, and there is no distinction between formal and temporary workers, only the length of the contract is different. Where a "temporary worker" suffers an accident injury during working hours, at the place of work, or while performing a work task, it shall be deemed to be a work-related injury and shall enjoy work-related injury insurance benefits in accordance with law. If the employer participates in the work-related injury insurance, the work-related injury insurance** and the employer shall jointly pay the relevant benefits; If the employee does not participate in the work-related injury insurance, the employer shall pay all benefits.

Legal basis: Article 29 of the Labor Law of the People's Republic of China If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws and administrative regulations.

Legal analysis: According to the actual situation, if an employer hires someone else to do something and has an accident, the employer should 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 bears the liability for compensation, it may seek compensation from a third party. In addition, 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 who is accepting the contract or subcontracting business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

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 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.

The employer may recover from a third party after the employer bears the liability for compensation.

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.

If an hourly employee suffers a personal injury due to an accident due to work-related reasons during the working period, if it is determined to be a work-related injury, the worker can enjoy the work-related injury insurance benefits previously handled by the employer for him in accordance with the law. If there is a clear infringer, you can also claim compensation from the infringer. So, what if the employer does not apply for work-related injury insurance for the "hourly employee" and the injury suffered by the "hourly employee" is determined to be a "work-related injury"?

In this case, the employer still has to bear the corresponding legal liability and bear the corresponding expenses for the "hourly employee". The employer shall, in accordance with the relevant provisions of the state, pay work-related injury insurance premiums for part-time workers who have established labor relations. Workers engaged in part-time work are entitled to work-related injury insurance benefits in accordance with the law.

If the employee is assessed to have a disability of grade 5-10, the employee and the employer may settle the disability benefits and related expenses in a lump sum upon consultation between the employee and the employer. Article 30 of the Regulations on Work-related Injury Insurance.

Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**.

The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

1. In any of the following circumstances, it shall be deemed to be a work-related injury:

Injured in an accident during working hours and in the workplace due to work-related reasons

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

3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out on business, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

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

IIInjuries sustained in an accident during working hoursThe compensation for the work-related injury should be borne by the work-related injury insurance and the company. （If the company does not take out work-related injury insurance for the employee, all related losses of the employee shall be borne by the company

3. If the company does not admit that it has an employment relationship with the employee, it can directly submit a labor relationship arbitration to the local labor dispute arbitration committee, and after the arbitration is successful, the company can apply to the local labor and social security department for a work-related injury determination.

The following documents can be referred to to to determine the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

4. Wait until you get the work-related injury certificate, and then apply for the labor ability appraisal, and see whether you meet the disability of at least 10 or above in the work-related injury appraisal standards according to the injury. （The specific grade is subject to the appraisal report

5. The compensation for related work-related injuries shall be borne by the work-related injury insurance** and the company.

6. Work-related injury insurance** and the expenses that the company should bear include: medical-related expenses, nursing expenses, hospital meal subsidies, transportation expenses, room and board expenses, assistive device expenses, one-time disability subsidies, ......etcWait.

The one-time disability allowance for grade 7 and grade 10 disability is 7 months' salary.

8. If the employee himself or herself proposes to terminate the labor contract, he or she can also receive the following compensation.

One-time medical subsidy for work-related injuries and one-time employment subsidy for disability.

ButThe specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government. (The number of months of payment varies by region).

If the employee is injured during working hours, whether the company needs to bear full responsibility depends on whether it is the injury caused by the employee's illegal operation, and if the injury is caused by the employee's illegal operation, the company does not need to bear full responsibility.

I think I should bear most of the responsibility, of course, I also have a certain reason, and I can't blame the company for everything

It should be fully responsible, because it is a work-related injury, and the company is responsible.