Does an accident involving an electrician fall cost the entire cost to the employer?

1. Could you please come to [help]? If you really ask for help, it's a helper, not a hire. If it is a promise to pay compensation, it may be a contract; Your relatives may not be liable for compensation at the time of contracting. But the helper should be responsible.

2. If it is a helper: your relative should be responsible for his medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal expenses, etc. The applicable legal provision is 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 can search for this provision, and now you can't send a single **.

If you still have questions, you can add them or follow them up.

Since the questioner said that he "invited an electrician he knew to come to the house to help, he didn't need money, but he accidentally fell and injured himself during the work, causing a comminuted fracture, and went to the hospital for surgery, and the money for the operation has been paid more than 1w, and he can't go to work for several months; The purpose was to consult his relatives on what civil liability they should have for depositing their certificates. It's not about how the giver thinks of something that is within the false proof. Misleading the questioner is contrary to public order and morals and will be condemned by conscience.

What if you were the electrician. I think that since we all know each other, we should negotiate a settlement to compensate each other for medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal expenses, etc.

According to the law, if an employee is injured on the job, the employer shall bear the full compensation, unless the employee is grossly negligent.

From what you said, it is certain that your relative bears the lion's share of the blame, and if the electrician himself does not act dangerously, then your relative bears full responsibility.

They are all acquaintances, so let's negotiate a solution. Rising to the law is impersonal.

Your relatives should be fully responsible, whether it is someone else who comes to help or invites it, the state has regulations. It's like a car hitting and killing someone, no matter what, people are bigger than everything! Trust me to give points.

Legal analysis: The specific nature of the incident depends on whether the electrician belongs to another unit, as well as the way and agreement of your company's external invitation. If they can claim compensation from the original employer in the name of work-related injury, your company does not need to be liable.

On the other hand, if you claim compensation for the damage caused by the provision of labor services, your company will inevitably bear the corresponding responsibility, and the specific share needs to be determined according to the incident itself.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

If the electrician is injured and needs compensation, and after the work-related injury has been determined, if there is an objection to the work-related injury determination or work-related injury compensation, the worker may apply for administrative reconsideration or file an administrative lawsuit. If other labor disputes arise, labor arbitration can be applied.

After being discharged from the hospital, you should follow these steps to claim compensation from your boss:

1. The employer or the worker shall first apply to the Social Security Bureau or the Labor Bureau for recognition of work-related injury;

2. Then receive the work-related injury determination decision in accordance with the law;

3. Then apply to the social security agency for compensation with the decision letter, medical and other payment documents;

4. Finally, the compensation will be obtained according to the approved expenses.

Principles of compensation in general and possible items of compensation:

1. Medical expenses: The employer shall bear the medical expenses caused by work-related injuries, including ** expenses, hospitalization fees, surgery fees, ** fees, etc.;

2. Work-related injury subsidy: According to the work-related injury insurance system, work-related injury employees can obtain work-related injury subsidy, and the calculation and payment standard of the subsidy shall be carried out in accordance with the work-related injury insurance regulations and local regulations;

3. One-time disability compensation: If the work-related injury results in permanent or partial loss of working ability, the injured employee may be entitled to a one-time disability compensation. The specific compensation amount is assessed according to the degree of work-related injury and the level of disability;

4. Lost time pay: If the work-related injury causes the worker to temporarily or permanently lose the ability to work, the injured employee may be entitled to receive the lost time pay to make up for the loss of income caused by the injury;

5. Nursing expenses: For cases of special care caused by serious work-related injuries, the injured employee may be entitled to receive nursing expenses to pay for special nursing personnel.

To sum up, the compensation for work-related injuries is stipulated that the employer shall bear the liability for work-related injuries.

Legal basis]:

Article 18 of the Measures for the Determination of Injuries to Workers and Objects.

The social insurance administrative department shall, within 60 days from the date of accepting the application for recognition of work-related injury, make a decision on the determination of work-related injury, and issue a Decision on Determination of Work-related Injury or a Decision on Non-recognition of Work-related Injury.

Article 22.

The social insurance administrative department shall, within 20 days from the date of making the determination of work-related injury, send the "Decision on Determination of Work-related Injury" or "Decision on Non-determination of Work-related Injury" to the injured employee (or his close relatives) and the employer, and send a copy to the social insurance handling agency.

The service of the "Decision on Determination of Work-related Injury" and the "Decision on Non-determination of Work-related Injury" shall be carried out with reference to the provisions of civil law on service.

Article 38.

The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the case of work-related death, the surviving family members shall receive a funeral subsidy, a pension for dependent relatives and a work-related death subsidy;

9) Labor ability appraisal fee.

Summary. Liability for injury to an employee is a tort liability. 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 stipulates that "if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation, and if a third party outside the employment relationship causes the employee's personal injury, 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. "The law provides for this because in the employer's management of the employee, the employee performs the work for the employer and the employer is the beneficiary. Employers should exercise more care.

Employees perform labor for the employer, and their interests belong to the employer, and the responsibility belongs to the employer in the first place.

If an electrician falls and is injured, what is the responsibility of the employer.

Hello, have you signed a labor contract? Have you done a work-related injury evaluation?

There is no signature. He is currently in the hospital for examination of fracture and cerebral hemorrhage.

Fell down the ladder himself.

Can you please come to help?

Or hired.

Please come and help with the work.

Liability for injury to an employee is a tort of closure. 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 stipulates that "if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation, and if a third party outside the employment relationship causes the employee's personal injury, 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 bears the liability for compensation, it can recover from the third party.

"The law provides for this because in the employer's management of the employee, the employee performs the work for the employer and the employer is the beneficiary. Employers should exercise more care. When an employee works for the employer, his interests belong to the employer, and the responsibility for grinding and destroying belongs to the employer first.

The conditions for the employer to bear liability are as follows: 1. The victim must be an employee of the Eye Bend. 2. The victim suffers damage as a result of the ridge in the course of the work for which he is employed. 3. The employer must have no reason for exemption.

But the day has not been officially constructed, the electrician lying on the ladder to see the site fall, this situation needs to be responsible?

Is it for work?

Yes, go and see the scene.