How to compensate a worker who was injured by jumping from a 1 7 meter high shelf on the constructio

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Fa Shi [2003] No. 20.

Adopted at the 1299th meeting of the Adjudication Committee of the Supreme People's Court on December 4, 2003).

Article 2. Where the victim is intentional or negligent in the occurrence or expansion of the same damage, the liability of the person obligated to compensate 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.

Paragraph 3 of Article 106 of the General Principles of the Civil Law provides that when determining the liability of the person obligated to compensate, if the victim is grossly negligent, the liability of the obligor may be reduced.

Article 9. If an employee causes damage to another person 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. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

"Engaging in employment activities" as used in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be "engaging in employment activities".

The worker jumped off the elevated platform on the construction site and was injured, which is also a work-related injury, and he needs to be compensated for his ** expenses and lost work expenses.

If it is indeed the worker himself who jumped from a meter-high shelf and was injured, it must be himself who is primarily responsible. The company is not at fault, at most condolences. However, if there is a potential safety hazard in the company's management and the individual falls, the company bears the main responsibility.

The worker jumped off the shelf on the construction site, although it is said that this is his initiative to jump down the behavior, but I want to analyze the specific problem, for example, why he jumped down, is it because the protective measures are not in place so that he has to jump or other reasons, if it is because the protective measures of the work unit are not sound, then the worker has to jump down and cause injury, the unit must be responsible, if because the worker himself is playing and doing things unrelated to the work and jumping down and causing injury, it is his own reason, No work-related injury will be recognized.

If the Public Security Bureau investigates and finds it to be a suicide, then there will be no compensation.

Alas, this is really a work-related injury. Because workers have the "right to avoid danger in an emergency", they choose to avoid danger in an emergency, resulting in a fall injury, which is a work-related injury. There is nothing to doubt.

I am a national first-class registered constructor, registered and practicing in a construction company, focusing on equipment installation for more than 10 years, for reference.

Legal Analysis] is subject to availability. If it is indeed the worker himself who jumped from a 1.7-meter-high shelf and was injured, the worker himself should bear the main responsibility, and the company was not at fault. For humanitarian reasons, the company can appropriately offer condolences.

If the worker falls because of a potential safety hazard in the company's management, the company bears the main responsibility and compensates the worker for the injury. According to the relevant laws and regulations, the compensation standards for employees' work-related injuries are mainly as follows: 1. Pay a one-time disability subsidy according to the level of disability; 2. The employer shall pay the injured employee a one-time medical subsidy for work-related injuries and a disability employment subsidy; 3. If an employee is injured in an accident or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit on a monthly basis.

Xiongxiong Amaranth Pine Owl All expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, necessary nutrition expenses, etc., shall be compensated by Yichang with the uproar.

Legal basis] Article 38 of the Social Insurance Law of the People's Republic of China 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) Subsidies for in-hospital meals; (3) Transportation and lodging 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 subsidy 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 funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

1. How to compensate for being injured by high-altitude objects while working on the construction site.

1. If you are injured by a high-altitude object while working on the construction site, you will be compensated according to the compensation standard for work-related injuries and deaths. If an employee dies on the job, his immediate family members shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly salary of employees in the overall area in the previous year;

2) The pension for the relatives supported by the clan cave shall be paid to the relatives who are unable to work and provide the main living ** during the lifetime of the employee who died due to work.

2. Legal basis: Article 37 of the Regulations on Work-related Injury Insurance.

If an employee dies on the job, his immediate family members shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for other relatives, and 10% per month for each elderly person or orphan in this period.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department;

3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year.

2. How to claim compensation for being injured by falling objects upstairs.

If you are injured by a falling object from the upper floor, you can ask him for compensation for personal accident injuries, but before that, I recommend collecting relevant evidence and going to the forensic doctor for identification. Generally, you can claim compensation for medical expenses, lost work expenses, transportation expenses, hospital meal subsidies, nursing expenses, necessary nutrition expenses, disability compensation, spiritual solatium, etc., and the specific amount of compensation depends on your specific situation, according to the specific situation.

Summary. It has nothing to do with falling off a shelf of a few meters, if it falls because of the worker's own reasons, the construction site is generally not responsible, but if it falls because of work, then the construction site is responsible.

Your question has been received, it will take a little time to type, please wait a while, please don't end the consultation, you can also provide more effective information about Jian Kai, so that I can better answer for you.

If it is injured because the worker falls down and is injured because of his own operation error, then the general construction site is not responsible.

If more than ten meters fall injured, who is in debt.

How did it fall, was it because of yourself or something else?

Reasons for work. If it is due to work reasons, then the construction site needs to be held responsible.

The rice fell and was working on the construction site, why is there no debt on the construction site.

It has nothing to do with falling off a few meters of shelves, if it falls down because of the worker's own reasons, the construction site is generally not responsible, but if it is because the original spring wheel of the work falls down, then the construction site is responsible.

I'm working on the construction site, why don't you go to the construction site?

If the site does not compensate, you can sue the court for compensation.

No one wants to get hurt.

If the site does not compensate, you can go to court to sue.

Summary. Hello, according to your description, the division of responsibility for self-injury by a high-altitude falling object on the construction site is that if the owner, manager or user of the falling object cannot prove that he is not at fault, he shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

He was hit by a high-altitude object while working at the construction site, and he was not aware of obvious external injuries. I was fine, I had pain in the external muscles of my head, my hands were smashed by my spine, and I had to rest for two days and couldn't work. The daily wage is 500 a day, how to compensate for this.

Hello, according to your description, the responsibility for smashing injuries caused by high-altitude falling objects on the construction site is that the owner, manager or user of the falling object cannot prove that the liquid model refers to himself without fault, and shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

Hello, according to Article 1253 of the Civil Code of the People's Republic of China, if a building, structure or other facility and its shelving or hanging objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. If there are other responsible persons, the owner, the manager or the person who makes the closed lenient employer compensates for the state change, he or she has the right to recover from the other persons responsible for the state judgment.

Hello, Article 1252 of the Civil Code stipulates that "if a building, structure or other facility collapses and causes damage to others, the construction unit and the construction unit shall bear joint and several liability." After the construction unit or the construction unit compensates, if there are other responsible persons, they have the right to recover compensation from the other responsible persons.

Where a building, structure or other facility collapses due to reasons attributable to other responsible persons, causing damage to others, the other responsible persons shall bear tort liability. ”

How much should I pay in a situation like mine?

Hello, there is no amount of money with Wang Jian's sail body, and it is necessary to compensate for the actual loss into the hail, such as the medical expenses of the bright waiter, the loss of work and the nutrition fee, etc., together with the amount of your compensation.

How to compensate for minor injuries at the construction site, and then jumping from a height, resulting in a second serious injury?

Hello dear and happy to answer for you. If an employee is slightly injured at the construction site, and then jumps from a height, resulting in a second serious injury, the compensation should be as follows: if the employee is injured again, the disability level shall be assessed for the new injury, and the stool button shall be assessed according to the disability level of the new injury and the salary of the person when the work injury is again made, and enjoy a disability subsidy.

If an employee is identified as having a Grade 5 to 10 disability due to work-related disability, the employer shall pay a medical subsidy for work-related injuries and a disability employment subsidy when terminating or terminating the employment relationship with the employer in accordance with the provisions of the Regulations. Employees can also enjoy the disability allowance for the second work-related injury, but when the labor contract is terminated with the company, they can only enjoy the medical subsidy for work-related injuries and the employment <>subsidy for disability once

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