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Contractor? Some were oppressed to death by the foreman.
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Legal analysis: the death of the contractor and the worker will not necessarily be recognized as a work-related injury, only when the conditions are met in the regulations on work-related injury insurance, if it is identified as a work-related injury, according to the provisions of the Social Insurance Law and the regulations on work-related injury insurance, part of the expenses incurred by the employee's work-related injury shall be paid by the work-related injury insurance** and partly by the employer. Therefore, if it is a work-related injury, the insurance company and the employer should be held responsible.
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) Being 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
Liang Rangliu is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he is not primarily responsible while commuting to and from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries of chain slag.
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Hello! We're happy to answer for you! These are two questions, analyzed from two aspects:
1) On the issue of taking responsibility: Yes, there is definitely a need to take responsibility. If the contractor and the owner above the contractor are at fault, they also need to bear certain responsibilities.
Therefore, from the role of the contractor, the employer or the owner can be disclosed, and should also bear the corresponding liability for compensation within the scope of fault. (2) Handling in the case of no money: whether there is the ability to repay is the issue of the execution after the judgment, and has nothing to do with the judgment of the court.
If the judgment is still unenforceable, it will be frozen accordingly, and the assets that have been fixed by dermabrasion may be auctioned, and colleagues will also restrict high-consumption measures. I hope mine is helpful to you.
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Legal analysis: the death of the contractor and the worker will not necessarily be recognized as a work-related injury, only when the conditions are met in the regulations on work-related injury insurance, if it is identified as a work-related injury, according to the provisions of the Social Insurance Law and the regulations on work-related injury insurance, part of the expenses incurred by the employee's work-related injury shall be paid by the work-related injury insurance** and partly by the employer. Therefore, if it is a work-related injury, the insurance company and the employer should be held responsible.
Legal basis: Article 14 of the Regulations on Work-related Injury Stool Resistance Insurance Article 14 If an employee has any of the following circumstances, it shall be recognized as a work-related injury:
1) Being 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 in the workplace before or after working hours and being injured in an accident;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other situations that laws and administrative regulations provide shall be recognized as work-related injuries.
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1. Who is responsible for the death of the foreman of the rural housing contractor? 1. The division of responsibility for the death of the foreman of the rural housing construction contractor should be judged according to the specific situation. If the death of the contractor is caused by the worker's operation error, and the homeowner knows that the contractor is not qualified, the three parties need to bear the corresponding responsibility, and the Judicial Interpretation on Personal Injury Compensation has relevant provisions.
2. If the contractor is qualified, the contractor shall bear the main responsibility, and then divide the secondary responsibility according to the specific situation. In such a situation, the parties can also negotiate and deal with it themselves, and if the negotiation fails, they can file a lawsuit with the people's court, and the court will divide the responsibility according to law.
Go to the labor office and get your contract.
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. >>>More
Grade 7 is entitled to a one-time disability subsidy of 13 months' salary, and a one-time medical subsidy and employment subsidy for work-related injury when the contract is terminated or terminated. >>>More
Looking at the "Interim Provisions on the Payment of Wages" and the "Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages," there are clear definitions for arrears and deduction of wages. If the arrears or deduction of labor remuneration or wage increase may be resolved in accordance with Article 1 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 1 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department. >>>More
Bear joint and several liability, however, if you are in the form of contracted labor and materials, you can be exempted from liability, but based on the principle of justice and humanitarianism, you will be awarded a symbolic part of the costs.