The renovation worker was injured, how can the owner count 10

The law stipulates that:

1. Article 35 of the Tort Liability Law provides that 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 the 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.

2. Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Where the victim is intentional or negligent in the occurrence or expansion of the same damage, the liability of the person liable for compensation may be reduced or exempted in accordance with the provisions of Article 131 of the General Principles of the Civil Law. However, if the infringer causes damage to others intentionally or through gross negligence, and the victim is only generally negligent, the liability of the person obligated to pay compensation shall not be reduced.

3. Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases The employer shall be liable for compensation for personal injuries suffered by an employee in the course of employment activities. 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.

Brief Analysis: The problem refers to the formation of an employment relationship between the renovation worker and the individual owner. According to Article 35 of the Tort Liability Law, the responsibilities of the decoration workers and the owners are divided according to their respective faults; Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases is in contradiction with Article 35 of the Tort Liability Law, and the provisions of the Tort Liability Law shall prevail in the new law of the higher law, namely the Tort Liability Law; In practice, some courts have applied the provisions of Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, and generally in accordance with Article 2 of the Interpretation, the liability of the person liable for compensation may be reduced or exempted if the victim is intentional or negligent.

From the point of view of the law, the responsibility is divided according to the fault of the carpenter master and the owner. Fault generally considers the cause and process of the accident, and in judicial practice, the employer's liability is heavier.

General Personal Damage Handling Procedures and Recommendations:

Advance Payment** - Conduct disability level appraisal consultation - Calculate the total loss of the accident, including the victim's medical expenses, disability compensation (if constituted), lost work expenses, nursing expenses, hospital meal subsidies, transportation expenses, etc. - Negotiate the proportion of compensation according to fault according to the total loss - the negotiation fails to reach a court ruling.

The whole process is negotiable on both sides. It is recommended to fully understand the provisions of the law, form reasonable judicial expectations, and resolve them through negotiation to avoid the burden of litigation.

Renovation workers are injured, and depending on the type, the owner is responsible for different situations:

1. If the owner directly hires decoration workers for decoration, then an employment contract relationship is formed between the owner and the decoration workers. In this case, if the renovation worker has a work-related accident, the owner shall be liable for compensation;

2. If the owner chooses a decoration company or engineering team with relevant decoration qualifications, a contract relationship is formed between the two. In this case, the decoration worker has a work-related accident during the construction period, which is borne by the decoration company or engineering team;

3. However, if the owner chooses the engineering team that does not have the relevant decoration qualifications, and the decoration workers have a work-related accident during the construction period, the construction team shall bear the main responsibility, and the owner shall bear the corresponding liability for compensation for the selection of negligence.

Legal basisArticle 1192 of the Civil Code of the People's Republic of China.

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. 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 owner as the customizer, the decoration company as the contractor, the decoration worker in the process of decoration, their own injury, the owner of the customizer is generally not liable, the owner of the customizer for the custom, instructions or selection of negligence, bear the corresponding liability 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 10 If the contractor causes damage to a third party or causes its own damage in the process of completing the work, the contractor shall not be liable for compensation. However, if the maker is negligent in the ordering, instruction or selection, he shall bear the corresponding liability for compensation.

Legal analysis: If the owner signs a decoration contract with the decoration company, the decoration worker has a labor contract relationship with the decoration company, and there is no legal relationship with the owner, the owner does not need to be liable, and the decoration worker is injured due to construction is a work-related injury. If the owner directly employs the renovation worker by signing an employment contract with the renovation worker, the employer shall be liable for compensation for the personal injury suffered by the employee in the course of employment activities.

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 3 Where a worker of an employer who is required to participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury due to a work-related accident, and the worker or his close relatives file a lawsuit with the people's court requesting the employer to bear civil liability for compensation, he or she shall be informed to handle it in accordance with the provisions of the "Regulations on Work-related Injury Insurance". Where a third party other than the employer infringes upon a worker's personal injury, and the compensation rights holder requests that the third party bear civil liability for compensation, the people's court shall support it.

Summary. Hello, if the renovation worker is injured, whether the owner is liable depends on whether the renovation worker and the owner are in a contract relationship or an employment relationship. If the owner is looking for a qualified decoration company for home decoration, then the relationship between the owner and the decoration worker is a contracting relationship, then the decoration worker is injured during the construction, the owner does not need to be held responsible, and the decoration worker is a work-related injury, so this is the responsibility of the decoration company.

If the owner is looking for a qualified construction team for home decoration, then the owner is not responsible for the injury of the renovation worker, and the contractor will bear the responsibility and compensation. If the construction team found by the owner is not qualified, then both the contractor and the owner are liable, the contractor is the primary responsibility, and the owner is the secondary responsibility.

Hello, if the renovation worker is injured, whether the owner is responsible depends on whether the renovation worker and the owner are in a contract relationship or an employment relationship. If the owner is looking for a qualified decoration company for home decoration, then the relationship between the owner and the decoration pickpocket worker is a contract relationship, then the decoration worker is injured during the construction period, the owner does not need to be held responsible, and the decoration worker is a work-related injury, so this is the responsibility of the decoration company. If the owner is looking for a qualified construction team for home decoration, then the owner is not responsible for the injury of the renovation worker, and the contractor will bear the responsibility and compensation.

If the construction team found by the owner is not qualified, then both the contractor and the owner are liable, the contractor is the primary responsibility, and the owner is the secondary responsibility.

If the owner chooses a decoration company or engineering team with relevant decoration qualifications, a contractual relationship is formed between the two. In this case, if the decoration worker has a suspected work-related accident during the construction period, the decoration company or the project Qingling team shall bear it.

However, if the owner chooses an engineering team that does not have the relevant decoration qualifications, and the decoration worker has a work-related accident during the construction of Shixiao pants, the construction team shall bear the main responsibility, and the owner shall bear the corresponding liability for negligence compensation.

Still have any questions.

Kiss. It's the person the renovation company is looking for.

But I did not buy it at the renovation company.

Good kiss, in this case, belongs to the owner and the worker is a contract relationship, the worker is injured, you do not have to bear any responsibility, it belongs to the work pants injury, and the decoration company is responsible for it.

<> doesn't have anything to do with the owner?

That's right, it has nothing to do with the owner, and the decoration company is responsible for it.

In this case, the owner and the worker are in a contract relationship, and if the worker is injured and the owner does not have any responsibility, it is a work-related injury and the decoration company is responsible.

The compensation for the injuries of workers injured at work in the enterprise is as follows: If the enterprise purchases work-related injury insurance for the worker and is recognized as a work-related injury by the labor and social security administrative department, it can pay the relevant expenses from the work-related injury insurance**. If an enterprise does not purchase work-related injury insurance for its workers, it shall bear all the compensation itself.

Article 14 of the Regulations on Work-related Injury Insurance 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) Engaging in work-related preparatory or finishing work before or after working hours and being injured by an accident or death while returning to the workplace during 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 owner as the customizer, the decoration company as the contractor, the decoration workers in the decoration process, their own injury, the owner of the customizer is generally not liable, the owner of the custom, the owner of the custom, the instructions or the selection of negligence, bear the corresponding compensation for the rotten responsibility. China's laws stipulate that if the contractor causes damage to the third party or causes its own damage in the process of completing the work, the contractor shall not be liable for compensation.

However, if the maker is negligent in ordering, instructing or appointing, he shall bear the corresponding liability for compensation, and the legal basis is Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: The hospital meal allowance may be determined with reference to the business trip meal allowance standards for the general staff of the local state organs. If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.