1. How to divide the responsibility for a worker who slipped down and fell when he climbed the ladde

Updated on society 2024-06-19
5 answers
  1. Anonymous users2024-02-12

    If it is during working hours, it is considered a work-related injury. You can ask your company for compensation.

  2. Anonymous users2024-02-11

    Claim compensation after a work-related injury is determined.

    Regulations on Work-related Injury Insurance.

    Chapter III: Determination of Work-related Injuries.

    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;

    6) Being injured in a motor vehicle accident while commuting to or from work;

    7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

    Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

    1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

    2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

    3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

    Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

    Article 17 Where an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security administrative department.

    If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.

    Matters that shall be determined by the provincial-level labor and social security administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the labor and social security administrative department at the districted city level where the employer is located in accordance with the principle of territoriality.

    If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

  3. Anonymous users2024-02-10

    Hello <>

    Dear, I am honored to give you the answer: Who is responsible for the worker who fell down from the ladder Answer: Hello, if a worker falls down while working with a ladder, the attribution of responsibility needs to be determined according to the specific situation.

    Here are some possible liability situations:1Employer Responsibilities:

    If an employer fails to provide an adequate safe working environment or tools, or fails to provide the necessary training and safety precautions to the employee, resulting in injury to the worker, the employer may be found to be negligent or negligent and liable for compensation. 2.Manufacturer Responsibility:

    If the ladder itself is defective or manufacturing problematic, resulting in injury to the worker, the ladder manufacturer may also be liable for compensation. 3.Workers' Personal Responsibility:

    If a worker does not use the ladder correctly, for example, if he does not hold the ladder in place, does not maintain balance, does not use it as directed, etc., and causes himself to be injured, then the responsibility may be attributed to the worker himself.

  4. Anonymous users2024-02-09

    Summary. Extension and supplement: At the same time, if the user suffers damage in the process of using the ladder, he can file a tort liability claim against the provider, in accordance with Article 13 of the Tort Liability Law of the People's Republic of China

    The provider shall be liable for the damage caused to the user by the goods or services provided, and shall be liable for the damage caused by the fall of the worker if the quality of the ladder is defective, or if the provider fails to fulfill its obligation to provide safe use for the user. <>

    The user shall bear the responsibility for the damage caused to others by intentional or gross negligence, because the user must fulfill the obligation of safe use when using the ladder, and the lead cover is careful, if the worker falls off the ladder, the worker shall bear the responsibility.

    According to Article 13 of the Tort Liability Law of the People's Republic of China, the provider shall bear the responsibility for the damage caused to the user by providing the goods or disturbing the services of the hermit, and if the quality of the ladder is defective, or the provider fails to fulfill the obligation to provide safe use for the user, the provider shall be liable for the damage caused by the worker falling.

  5. Anonymous users2024-02-08

    [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 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.

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