Can a scaffolding collapse at a force majeure construction site be claimed?

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

    Scaffolding collapse can be claimed.

    The protection of construction workers is mandatory by law and is subject to work-related injury compensation. Force majeure is also not a reason to exempt from liability.

    A claim is a claim for damages from the party that has suffered the loss to the party in breach of contract, and in contrast, the party in breach of contract accepts the claim of the other party, which is called a claim. Claims and claims are two sides of the same coin, claims in the injured party and claims in the defaulting party.

    On the construction site, the construction unit divides the work of the construction site into several construction sections, and each construction section has a construction working surface opposite each other, and this construction working surface has a vertical and flat surface.

    Article 2 of the Regulations on Work-related Injury Insurance Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as "employees") of their units. Article 8 The rate of work-related injury insurance premiums shall be determined in accordance with the principle of fixed income and balance of income and expenditure.

    The State determines the differential rates of different industries according to the degree of work-related injury risk, and determines a number of rate grades in each industry according to the use of work-related injury insurance premiums and the incidence of work-related injuries. The industry differential rate and the rate grade within the industry shall be formulated by the social insurance administrative department, and shall be promulgated and implemented after approval. 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 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) 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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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

  2. Anonymous users2024-02-06

    Scaffolding is generally included in the cost of the measure. The general construction unit has already paid. However, if the scaffolding collapses due to force majeure, you can claim for the cost, but as for the construction period, I don't think so.

  3. Anonymous users2024-02-05

    It depends on how the contract is signed.

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