The company has not compensated for the injury of an unqualified decoration contractor on the constr

1.If the contractor does not have the qualifications to employ the employee, the contractor, i.e., the construction unit, shall be listed as the subject of the lawsuit and bear the main responsibility of the employer.

2.According to the Circular of the Ministry of Labor on Matters Concerning the Establishment of Labor Relations, if an employer such as a construction unit or a mining enterprise contracts out a project or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of the employing entity shall bear the responsibility of the employing entity for the workers recruited by the organization or natural person.

3.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;

4.If the injury is determined to be a work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level;

5.If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly apply for arbitration to the labor arbitration commission to protect his or her legitimate rights and interests.

Hello, your question is not very clear, this company is Party A's company or your decoration company, and then you say that you are a small contract foreman, then it can be understood that the construction site is subcontracted by you, not to work for them, if it is a subcontract, you can only give you some compensation reasonably, not legally. Thank you.

If a work-related accident occurs without the contractor's qualifications, and the contracted workers cause damage to the workers, the contracting organization and the individual contractor shall be jointly and severally liable for compensation.

Legal analysisThe construction individual who does not have the qualifications is prone to project quality problems and potential safety accidents because he does not have the human, financial, technical strength and relevant experience related to the construction of the organization hall, and the contractor, the employer and the developer shall be jointly and severally liable for compensation for the training file, according to the relevant provisionsLaws and RegulationsLegal basisIf 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 personal injury to the 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. If the subcontractor knows or should know that the employer accepting the contract or subcontracting business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation, and if an individual contracted business 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, so there is no doubt that the contract-issuing party shall be liable for compensation for the injured workerLegal basisIf the victim suffers personal injury, various expenses incurred due to medical treatment and loss of income, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal supplements, and necessary nutrition expenses, the compensation obligor shall compensate the victim. Where the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income due to the loss of working capacity, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, and the compensation obligor shall also compensate for the funeral expenses, in addition to the relevant expenses provided for in the first paragraph of this article based on the circumstances of the rescue. Living expenses of dependents, compensation for death, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

Legal basisArticle 94 of the Labor Contract Law of the People's Republic of China Where an individual contracted business 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.

If it is a civil liability relationship, the first is the compensation of the contractor, and the employer and subcontractor bear joint and several liability; In the case of work-related injury compensation, the employer with the qualifications of the employing entity shall bear the responsibility of the employing entity.

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.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

Notice on Matters Concerning the Establishment of Labor Relations (No. 12 of 2005 issued by the Ministry of Labor and Social Affairs).

4. Where the project (business) or management rights of an employer such as a construction or mining enterprise are contracted to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of an employing entity shall bear the responsibility for employing the laborers recruited by the organization or natural person. "An organization or natural person who does not have the qualifications of an employing entity" generally refers to a contractor.

Therefore, in the event of a work-related accident at a construction site, the parties to the accident or their close relatives shall list the qualified employer of the contractor as the respondent (generally the general contractor of the construction site, the construction subcontractor, and the labor subcontractor) to obtain work-related injury compensation, and the contractor shall appear as a third party. The amount of workers' compensation is paid by a qualified employer.

In general, in this type of case, after the amount of work-related injury compensation is paid by the qualified employer, the employer will deduct or default on the project payment of the contractor involved for various reasons to balance his losses.

In the event of a work-related injury on the construction site, how much responsibility should the contractor have if the small contractor foreman is not qualified? If you say this way, you should be your own words, if you are ignorant of qualifications, the responsibility that the contractor has to bear, and you have to bear what you should bear, after all, if you happen on the construction site, if something happens, you will have to bear it.

Legal analysis: if the contractor is not qualified, the worker can directly sue the company, the company bears the responsibility, and then, the company through litigation, let the contractor compensate the company's losses, if the worker will sue the contractor and the company together to the court, then the court will be divided according to the division of responsibility by the contractor to bear a part, the company bears a part, the contractor can not take out, the company advances.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal analysis: If there is an employment relationship between the worker and the employing unit or individual, the employer or individual may be directly required to bear the liability for work-related injury compensation in accordance with the work-related injury compensation. To obtain work-related injury compensation, it must first be determined that it is a work-related injury; The premise for determining a work-related injury is that there is an employment relationship between the employee and the employer or individual; Whether there is an employment relationship, in the absence of a labor contract, work permit, or work permit proof, the employee will encounter obstacles in applying for recognition of the employment relationship.

How to solve the problem needs to be dealt with in two situations: 1. The other party is a unit or individual with employment qualifications, but has not signed a written labor contract with the employee. According to the regulations of the Ministry of Labor on the determination of labor relations, the issuance of wage schedules, employee rosters, attendance records, social insurance records, work permits, work cards, and other workers' testimonies can be used as evidence of the existence of labor relations.

The direct employing units and individuals shall be liable for compensation for work-related injuries, and the employer and other units shall not be liable for compensation. 2. The determination of the labor relationship between the unit, individual (usually referred to as the contractor) and the worker does not care about the qualifications of Hu Labor. The regulations of the Ministry of Labor on the determination of labor relations stipulate that if a construction or mining enterprise contracts a project to an organization or individual that does not have the qualifications of an employing entity, the worker may directly demand that the employer or subcontractor of the project or business bear the liability for work-related injury compensation.

For an employer that does not have a business license, filed or has had its business license revoked, although it is illegal employment, the worker can still ask the employer to bear the liability for compensation in accordance with the standards of the Regulations on Work-related Injury Insurance.

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) he or she is 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) 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.

Hello Coincidental Qingzheng, the worker is injured and the contractor is responsible, and the worker and the contractor are in an employment relationship. The relevant judicial interpretations stipulate that if an employee causes damage to others in the course of employment activities, 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, if a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability. After the party receiving the service bears the tort liability, it can.

Recover compensation from the party who provides the labor services 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, the provision of labor services is caused by the acts of a third party.

If the party suffers damages, the party providing labor and filial piety has the right to request the third party to bear tort liability, and also has the right to request the party receiving the labor service to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

Compensation may be made in accordance with the provisions of the "Interpretation of the Supreme People's Court on Several Questions Concerning the Application of Law in the Trial of Personal Injury Compensation Cases": Article 11 If 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. If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer accepting the contract or subcontract business does not have the corresponding qualifications or is comfortable with all production conditions, it shall be jointly and severally liable with the employer for compensation. If it falls within the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance, the provisions of this article shall not be applied.

Article 17: Where a victim suffers personal injury, the person obligated to compensate for all expenses incurred for medical treatment and 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.

1. It is necessary to clarify what kind of legal relationship exists between the contractor and the company, whether it is a contract relationship or an employment relationship, which needs to be clarified in accordance with the contract; 2. If it is a contract relationship, the construction company signs a contract with the contractor on the premise that he knows that he is not qualified, and there is a fault in the selection and needs to bear certain responsibilities; 3. If the construction company is the employer, and the employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation.

Legal basis: 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 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.