Who is responsible for accidents caused by workers working in the field, and there are no safety mea

1.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;

2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If nursing care is required during the suspension period, the unit shall be responsible, and the food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located;

3.After the injury is stabilized, you can apply for a labor ability appraisal to identify the level of work-related injury, and then calculate the amount of disability compensation according to the level of disability;

4.If the employer does not fulfill the above obligations, the injured employee can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect their legitimate rights and interests, if there is anything they don't understand, they can directly call 12333 to consult the local labor department!

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. The situation you mentioned does not meet the scope of work-related injury determination, and should be treated as a non-work-related injury.

There is medical insurance and reimbursement according to medical insurance.

Of course, the construction party is responsible, and he should be fully responsible for the project and personnel.

If the employer is counted, the employer shall be liable for compensation for the personal injury suffered by the employee as a result of engaging in employment activities. If an employee engages in employment activities and causes damage to others, the employer shall be liable for compensation, and if the employee is at fault, the employer may reduce the liability. 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 a labor relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear tort liability. If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties. Therefore, in the labor relationship, the principle of no-fault liability applies when the service provider causes damage to others, that is, the service recipient shall be liable regardless of whether the service provider is at fault for the tortious act of the service provider.

However, when the service provider suffers personal damage in the course of labor service activities, the principle of fault liability shall apply, that is, the civil liability of both parties shall be determined according to the fault of the service provider and the service recipient.

Legal basis

Article 119 of the Civil Code Article 111 Where a staff member of an employer causes damage to his or her return to others due to the performance of his 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; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

Article 1192:Where a labor service relationship is formed between individuals, and the party providing the service causes harm to others as a result of the service, the party receiving the service bears 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 act of a third party 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.

Legal Analysis: The contractor is liable. If the construction unit contracts the project to an organization or natural person that does not have the qualifications of the slag partner employing entity, the employer with the qualifications of the employing entity shall bear the main responsibility for the employment of the laborers recruited by the organization or natural person.

If an employer implements contracted operations, and the contractor who uses the workers does not have the qualifications of the employer, the employer with the qualifications of the employer shall bear the liability for work-related injury insurance. In the event of a work-related accident in an illegally contracted construction project, the subcontractor or the contractor shall bear the work-related injury of the worker.

Legal basis: Interpretation on Several Issues Concerning the Trial of Personal Injury Compensation Cases Article 11 Where 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.

In the first case, if the worker is injured during the working hours and at the place of work, it is considered a work-related injury according to the law. Enjoy work-related injury insurance benefits in accordance with the law. From the date of occurrence of the work-related injury, the employer shall report the work-related injury determination to the local labor bureau for the worker within 30 days, and if the worker fails to apply for the work-related injury within 30 days, the worker shall report the work-related injury determination within one year.

After the work-related injury is identified, it is necessary to apply for the labor ability appraisal in a timely manner, which is the disability appraisal as stated in the book. Then, according to the level of disability identification, the level of laughter and bridges is determined to enjoy the work-related injury insurance and accident insurance benefits.

The second situation is that the worker does not have an employer and is temporarily hired by someone else to work. How much does it cost to work a day, and this situation is a labor relationship. Under the labor relationship, there is its employer.

and whether the employer and the above company have an illegal subcontracting relationship to bear joint and several liability. The same is needed. After the case is brought to the court, the court entrusts the appraisal department to conduct a disability appraisal.

In order to determine their compensation for lost work expenses, nutrition expenses, nursing expenses, disability compensation, mental health, solatium for damages, transportation expenses, etc. In either case, you need to fix evidence in time to prove when and where you worked, for whom you worked, the injuries you suffered, the corresponding witness testimony, the audio recording, and the contract of eliminating your brother. Admission and discharge records, diagnosis certificates, outpatient medical records, medical bills, etc. need to be kept.

Legal analysis: Accidental injuries of workers on the construction site during working hours belong to the scope of work-related injury determination, and the principle of work-related injury compensation is no-fault, regardless of whether the unit is at fault or not, compensation must be made in accordance with the law.

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) 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

6) Being injured in a motor vehicle accident while commuting to or from work;

(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) Death from sudden illness or death within 48 hours after rescue efforts are ineffective;

2) Suffering harm in the course of emergency rescue and disaster relief or other activities to safeguard 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 servicemen, but 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.

Article 30 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. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

If the injury is caused by the worker's illegal operation, the workplace can claim no compensation. If it is an accidental injury, it falls under the category of work-related injuries, and the workplace is primarily responsible and needs to negotiate specific work-related injury compensation with the worker. Related Extensions:

Work-related injuries are also known as "work-related injuries" and "work-related injuries". Employees are injured in production or work. According to the provisions of the state, those who are injured while performing routine work and work temporarily designated or agreed by the enterprise administration, engaging in work that is not designated by the enterprise administration but are beneficial to the enterprise in an emergency, and engaging in invention or technological improvement work are all work-related injuries.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance shall be recognized as a work-related injury if an employee has any of the following circumstances:

1) 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

(6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;

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