If a worker falls and is injured, what responsibility should the contractor bear

1. 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. After the employer assumes the liability for compensation, it can recover from a third party.

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 the ability to work, including disability compensation, disability assistive device expenses, and living expenses for 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.

2. Article 60 of the Contract Law of the People's Republic of China The parties shall fully perform their obligations in accordance with the agreement. Article 107:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

I want to consult to resolve disputes.

If it is a labor relationship, it is necessary to see whether the contractor bears civil liability for compensation in accordance with the provisions of the Contract Law and the provisions of the labor contract. If it is an employment relationship, it is necessary to enjoy work-related injury insurance benefits in accordance with the provisions of the Labor Contract Law.

Financial responsibility in general,

See if it is an illegal operation, if it is a private illegal operation, the worker bears a large part, the contractor bears a part, the company will generally sign a contract with the contractor, even if the company temporarily bears it, in the end it is still the contractor who deducts the foreman, if it is caused by the company's illegal command, the company bears responsibility.

The company is responsible for the injuries to the workers, of course. Because when a worker signs a labor agreement, it must be a labor agreement signed with the company. It is not an agreement signed with the old contractor, so in the event of an accident, the company should be responsible for compensation.

As a worker who is injured, the company should be responsible, because the contractor only undertakes this business, including a life safety, and the company should also bear the responsibility.

If a worker is injured, in fact, there should be a contractor to bear all the medical expenses, so the workers he finds are borne by him, but the company also has some responsibilities. The company's supervision is not in place to cause offline is also a certain responsibility.

If a worker is injured, the company that has a contractual relationship with the worker is liable. Even if the worker was hired by the contractor, it was tacitly approved by the company.

Therefore, it should be the company that bears the responsibility, and the contractor is also jointly and severally liable.

If there is a situation of subcontracting by the contractor on the construction site, most of the workers under the name of the contractor will not be recorded in the name of the company, so in the event of an accident, the contractor usually bears the direct liability for compensation, and then the contractor applies to the company for compensation.

The worker was injured, and I think it should be borne by the company, because the contractor has no responsibility and obligation in this regard, but out of humanity, there may also be some incidental responsibility.

If a worker is injured, I believe that the company should be held responsible, because the worker is an employee of the company, so it is appropriate to bear this responsibility under such a precondition.

If a worker is injured, the company and the contractor should be jointly and severally responsible, but the angle of responsibility is different, and no one can shirk it.

When a worker is injured, it is up to the person who hired him to take on this responsibility.

If the contractor is employed, it should be borne by the contractor. But if it's a company, it should be borne by the company.

However, if the contractor is generally the company's behavior, rather than an individual's behavior, in this case, the company where the contractor is located should bear the corresponding liability for compensation.

The foreman of the contractor who injured the worker cannot bear this responsibility, and the law does not support this statement. However, who should be responsible for this kind of work-related injury is related to the employment relationship, that is to say, who recruited the injured worker, if the worker is temporarily recruited by the contractor, then the company will not bear this responsibility, so the worker needs to pay attention to this link when applying, otherwise it will be very troublesome and even bear the responsibility that he cannot bear once there is an accident.

In this case, the company should still be held liable, because many of the contractors are individuals, and they do not have the ability to take full responsibility for claims. Workers can negotiate with the contractor first, but the main thing is to find a company to come to the urban management related insurance liability.

Worker injuries should be borne by the contractor, but it is also feasible to be borne by the company, after all, you work in your company. No matter who contracted the foreman or the company, he couldn't escape it, and he had to pay some compensation accordingly.

If a worker is injured, should the contractor be liable or the company should be held responsible, it must be the company's responsibility, and in any case it is the public responsibility, and the contractor can bear the living expenses, nursing expenses, and medical expenses paid by the company, which is more in line with legal procedures.

If a worker is injured, the company should of course be held responsible.

The premise is that you, the contractor, have signed a labor contract with the company for each of your workers.

But now in many cases, the contractor has not signed a labor contract with the company for you, which is where things are more troublesome.

However, if you have been working for this company, you should be in fact in an employment relationship, and you can also file an arbitration with the labor arbitration department on the grounds of a de facto employment relationship and demand the company to pay your relevant expenses.

Should the contractor be responsible for the injury, or the company should be responsible, I think the worker injury should be borne by the company, the main responsibility, because the company is the main body to undertake the construction project, the responsibility should be borne by the company, because the company is the largest, the beneficiary, the ear bag foreman is also working for the company, so the worker injury should be borne by the company.

The company should bear the main responsibility, the contractor is only looking for a job for the workers, and the contractor is also working for others, to put it bluntly, he is a worker like the worker, and the worker on the construction site should be injured at work, and the company will bear the responsibility, if the company and the contractor have an agreement, it has no legal effect on the worker.

The company has an obligation to its own employees, and the contractor can only play a supervisory role on the construction site, but supervision does not mean that it can prevent accidents from happening, but can only reduce the probability of accidents.

Since the company has contracted the construction period to the contractor, the workers found by the contractor should have a contractor, who is responsible for the personal safety of the workers, and the safety measures on the construction site should be supervised by the contractor.

The contractor is equivalent to the leader, and the worker's injury is a work-related injury, and the work-related injury is not controlled by the leader, but only related to the company. The company shall be liable for compensation in accordance with the relevant provisions of the labor law and work-related injury insurance. It has nothing to do with the contractor. Unless it is a serious consequence caused by the negligence of the contractor.

Worker injuries should not be borne by the contractor. It's up to the company to take responsibility. On this item. There are certain provisions in the labor law.

Legal Analysis: In the Labor Contract Law, if a contractor illegally recruits a worker, the contractor and the employer bear the same liability. 1. If a worker suffers bodily injury in the course of employment activities, the employer employing him shall be liable for compensation for the injury; 2. The contractor is the actual employer of the worker and shall be liable for the loss of the worker.

3. If the contractor is attached to a company, the company bears joint and several responsibilities; 4. If the contractor is not qualified, the employer shall review the corresponding qualifications of the subcontractor and sign a written construction project subcontract. If the employer knows that the contractor does not have the corresponding construction qualifications, it shall also bear joint and several liability.

Legal basis: Labor Contract Law of the People's Republic of China Article 94 Where an individual contractor recruits a worker in violation of the provisions of this Law and causes damage to the worker, the contracting organization and the individual contractor shall be jointly and severally liable for compensation.

Legal Analysis: The foreman is responsible for the injury of the worker, and the contractor and the foreman are in an employment relationship. The relevant judicial interpretations stipulate that if an employee excavates rock to engage in employment activities and causes damages, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation.

Legal basis: Article 1192 of the Civil Code of the People's Republic of China Where a labor relationship is formed between individuals, and the party providing the labor services causes damage to others due to the labor services, the party receiving the labor services shall bear 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 the liability for infringement and burial, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, Li Yu can recover compensation from a third party.

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Liability of the contractor for the injury of the worker: The contractor shall bear full liability for compensation. If the employer clearly knows that the contractor does not have the qualifications or safety production conditions, and still gives the contractor, it shall be jointly and severally liable for compensation with the contractor.

If a worker directly recruited by the contractor is injured on the construction site, he can directly find the subcontractor of the project subcontracted to the contractor to bear the work-related injury insurance liability. If it is found that the contractor does not have the qualifications to contract construction, then it shall require the subcontractor or the employer at the next higher level to bear the work-related injury insurance liability.

How much responsibility does the contractor foreman have for the injury of the worker.

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Worker injured the responsibility of the foreman of the chain package: the foreman of the contract shall bear all the liability for compensation. If the employer clearly knows that the contractor does not have the qualifications or safety production conditions, and still gives the contractor, it shall be jointly and severally liable for compensation with the contractor.

If a worker directly recruited by the contractor is injured on the construction site, he can directly find the subcontractor of the project subcontracted to the contractor to bear the work-related injury insurance liability. If it is found that the contractor does not have the qualifications to contract construction, then it shall require the subcontractor or the employer at the next higher level to bear the liability for work-related injury insurance.

1. Work-related injury compensation specifically includes: living care expenses, disability allowance, disability allowance, funeral subsidy, pension for dependent relatives and one-time work-related death subsidy. 2. Legal provisions:

Article 32 of the Regulations on Work-related Injury Insurance Article 32 An injured employee may be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices due to the needs of daily life or employment, confirmed by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance ** in accordance with the standards prescribed by the State Writer. Article 33 Where an employee who is being injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, he or she shall receive training during the period of suspension of work and salary, and the original salary and benefits shall remain unchanged and shall be paid by the unit to which he or she belongs on a monthly basis. The period of leave without pay is generally not more than 12 months.

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Whether the project department bears the main responsibility or the small package foreman bears the main responsibility for the accidental injury of the worker.

This mainly depends on who you sign the employment contract with, and generally speaking, both of them are responsible.

Workers are injured on the construction site, which is a work-related injury; The contractor shall bear the responsibility, but if the contractor is unable to bear the responsibility, the employer may recover from the contractor after compensation for the work-related injury insurance liability of the contractor who subcontracts the contracting business; According to Article 3 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Awards, the people's court shall support the determination by the social insurance administrative department that the following units are the units that bear the responsibility for work-related injury insurance: (1) the employee establishes labor relations with two or more units, and the unit for which the employee works at the time of the work-related injury accident is the unit that bears the work-related injury insurance liability; (2) If an employee dispatched by a labor dispatch unit is injured due to work during the period of work in the labor dispatch unit, the dispatching unit shall be the unit that bears the liability for work-related injury insurance; (3) If an employee assigned to work in another unit is assigned by a unit due to work, the appointing unit shall be the unit that bears the responsibility for work-related injury insurance; (4) Where an employing unit violates laws or regulations by subcontracting business to an organization or natural person that does not have the qualifications of an employing entity, and the employee hired by the organization or natural person engages in the contracting business due to work, the employing unit shall be the unit that bears the liability for work-related injury insurance; (5) If an individual is affiliated with another unit for external business, and the personnel employed by it are due to work, the affiliated unit shall be the unit that bears the responsibility for work-related injury insurance.