Legal issues, urgent! 30

According to you, I personally believe that the relationship between your father and the homeowner is an ordinary contractual relationship, similar to a processing contract. In other words, the relationship between your father and the landlord is not an employment relationship, nor is it a simple helper, but a contractual relationship. There is a collaborative relationship between your dad and the person who called him, and there is no employment relationship between the two parties.

Whether the homeowner needs to compensate your dad or not depends mainly on the contractual relationship between the two parties.

To carry out processing contracting, it is necessary to ensure construction safety. Both your dad and the homeowner are responsible for this. And the reason why your dad was injured was because the security measures were not in place.

Therefore, to distinguish between the responsibilities of your dad and the homeowner, it depends on which party is more responsible for the security measures.

1. Which party erected the slates, etc. If the slate was erected by the homeowner, the homeowner is more responsible, and your dad is also partially responsible for not checking the safety of the slate. How to distinguish the proportions of responsibility depends on the specific situation.

The average homeowner has more than 60 responsibilities. According to this calculation, the homeowner needs to bear more than 60 responsibilities of more than 20,000 yuan, and at least 14,000 or more.

If all the security is done by your dad, the homeowner has very little responsibility.

If the security measures are carried out by the partner, the partner shall be liable for the corresponding compensation.

If none of the three parties is responsible for the security measures, it should be considered an accident. In this case, the responsibility of the homeowner is also very small.

2. Whether your father violated the operating procedures during the construction process.

There is an equal cooperative relationship between your father and the person in whose partnership, there is no question of who commands whom, and there is no question of who pays whom, so it is not an employment relationship. You can't hold that partner liable, don't get the wrong person.

To summarize the above: I personally believe that the homeowner bears a certain amount of responsibility, and in the case that the homeowner is at fault for the security measures, he needs to bear most of the responsibility; In the case that the homeowner is not at fault for the security measures, there is also a part of the responsibility from the perspective of fairness, but this responsibility is relatively small.

I think you should claim compensation, such a thing is a de facto employment relationship, why did your father go to work with the landlord, not only at the request of a friend, but also because "the house is being requested", and did your father's friend sign an employment contract? If you don't sign it, then it is the same as your father's de facto employment relationship, and the so-called help was not unpaid, although there was no negotiation, but your father was actually injured in the process of paid labor for the homeowner, at least from the process you said and described, no matter what the homeowner said, this should be a de facto employment relationship, even if the helper is an accident in the process of working for the homeowner, even unpaid labor does not mean that the homeowner is not responsible.

One thing you need to note here is that if the accident happened due to your father's lack of safety awareness, it is very debatable.

Also, I suggest that you quickly find a lawyer, consult first, and if it is time to file a lawsuit, you can do it immediately.

Partners and owners may be required to bear the relevant liability for compensation.

Both of them are right, and this case can be handled as a contract dispute or as a labor and employment relationship. In real cases, it is generally easier and faster to resolve such disputes in accordance with the employment relationship. This is because even after the contract dispute is confirmed, the amount of compensation must be calculated according to the standard of the employment relationship, so that it can be resolved in one lump sum.

Legal basis: There are detailed provisions in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

You should find a lawyer as soon as possible, and see that your father's injury is very serious, you can do a disability assessment, and the claim cost will be much higher after confirming the disability level, so that you can effectively protect your rights.

From a legal point of view, whether it is an employee or a helper, it is a no-fault liability, and the homeowner is responsible, and from the information you provide, it should be an employment relationship.

Both parties are responsible for this problem because the staff is not aware of safety enough, but the accident happened at the employer's house. As long as the employer-employee relationship is determined. The employer should compensate. You can go to court to sue.

In fact, it is the relationship between the employer and the employee.

Claims are entirely available.

When you buy a car with a mortgage, the car is mortgaged to the bank, and the bank has the right to get the car back.

A's mortgage on B is not established. The mortgage does not deliver the collateral, and the vehicle is in the possession of A and should not be in the hands of B. B sells the car without authorization, it is not in legal possession, and it has no right to dispose of it, the act is invalid, C should hand over the vehicle, and B is responsible for compensation for its losses.

Since the car is a movable property and the chattel mortgage is not registered and cannot be used against a bona fide third party (i.e. C), the court will not uphold the bank's claim to return the car.

After the parties sign the settlement agreement, they can withdraw the lawsuit to the court together, and the case can be closed, and half of the litigation fee can be refunded.

After the signing of the settlement agreement, if the previous party repents after the performance is completed, it is a new civil dispute and should be re-filed, but the court may make a judgment according to the content of the agreement on the premise of ascertaining the validity of the settlement agreement. So that the problem is not so complicated.

You can also ask the court to issue a civil mediation letter, which will take effect immediately once signed, and can no longer be reversed after signing. If one party repents, the other party may apply to the court for compulsory enforcement.

It is also possible to go to the notarization after reaching an agreement, and both parties state in the agreement that "if one party violates this notarization agreement, the other party may directly apply to the court for enforcement". The effect of notarization is the same as that of a court judgment. If the notarial deed is not enforced, if one party violates it, the other party has to go to the court to file a case and wait for a judgment.

The court can be allowed to mediate, which has the effect of a judgment.

Go to the court to reach a mediation agreement, and the court will make a mediation letter to confirm. Enforceable.

Yes, after the settlement, it is okay to submit the agreement to the notary public for justice.