Who should be held primarily responsible for the death of a worker at a construction site who was el

1. The employer that signed the "Labor Contract" with you shall apply for work-related injury recognition and enjoy work-related injury benefits, and if the employer fails to pay the work-related injury insurance premium for you, the employer shall be liable for compensation.

2. If the employer of the project improperly manages the electricity and is at fault, it shall bear tort liability and may claim compensation for personal injury from the project employer.

3. If the contractor is illegally recruited as a laborer, the contractor and the employer shall be jointly and severally liable for compensation. "Where an individual contracted business recruits laborers in violation of the provisions of this Law and causes damage to the laborers, the contracting organization and the individual contracted operator shall be jointly and severally liable for compensation. ”

As for the issue of compensation, in accordance with the provisions of the "Personal Injury Compensation" and the "Regulations on Work-related Injury Insurance", it is necessary to determine whether the deceased is an urban or rural resident, whether there are dependents, etc., mainly funeral expenses, death compensation, living expenses of dependents, etc.

Upstairs, if you don't have a construction qualification, that is, the kind of self-organized construction team that is common in the countryside, it is not a work-related injury, and you can't apply the work-related injury insurance regulations to compensation, you can only apply the provisions of the law on employees, and as long as you don't have a construction qualification, then you can determine that the workers themselves are also at fault, and you can reduce your family's liability for compensation.

Remember.

Does your father's construction team have construction qualifications? If not, then the deceased worker is also liable, or you can prove that he was grossly negligent, which will reduce your liability. The amount to be compensated includes funeral expenses (the average monthly salary of the employee in the previous year is 6 months), the living expenses of the dependents (the minor's calculation is 18 years old), the calculation of 20 years for the loss of working ability and no other livelihood**, but the amount of compensation for those over 60 years old is reduced by one year, and for those over 75 years old, it is calculated for 5 years; The death compensation is 20 years of per capita disposable income (per capita net income of rural residents in rural areas) of the previous year, but the amount of compensation for those over 60 years old is reduced by one year, and for those over 75 years old, it is calculated for 5 years.

The exact amount depends on where you are located, because local standards are different.

This is a work-related injury, even if he is electrocuted due to his operation violations, you have to bear the liability for compensation, but not necessarily 600,000, there are clear provisions in the work-related injury insurance regulations, you can check your local regulations on work-related deaths.

Legal analysis: the responsibility of the contractor of the construction site death project department needs to be borne, because the contractor is the main person in charge of the project, then it is necessary to look at the relationship between the two parties, if it is a labor relationship, then it should be regarded as a work-related injury to carry out a specific compensation, of course, the compensation in this process, including funeral expenses.

Legal basis: Article 15 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Death from sudden illness or death within 48 hours after rescue efforts are ineffective during work and at work. Employees who have the first item of the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations. Article 16 stipulates that work-related injuries shall not be recognized under any of the following circumstances:

1) Committing a crime or violating the regulations on the administration of public security, (2) Drunkenness causing **, (3) Self-harm or suicide.

The foreman of the contractor is required to compensate for the accidental death of a worker on the construction site. According to the relevant laws and regulations of China, 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 the 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 of orange sedan chairs, it shall be jointly and severally liable with the employer for compensation.

Is the accidental death of a contractor on a construction site considered a work-related injury?

If the contractor has established an employment relationship with the construction unit and dies unexpectedly while working on the construction site, it can be recognized as a work-related injury.

According to the relevant laws and regulations, if an employee is injured by an accident or violence during working hours or before or after working hours and in the workplace, suffers from an occupational disease due to the content of his or her work, is injured or has an accident during a business trip, or is injured in a traffic accident while commuting to or from work, or is injured in a traffic accident while commuting to or from work, or other laws and regulations, it shall be recognized as a work-related injury.

The contractor is looking for a worker who is injured on the construction site, who will compensate.

If you are injured while working on the construction site, you can first seek compensation from the contractor.

If a third party (a person who does not have an employment relationship) is injured while working on the construction site, you can find a third party to recover compensation, or you can find a contractor to recover compensation. After the contractor compensates, he can find a third party to claim compensation.

If the contractor is injured while working on the construction site, if the contractor does not have the corresponding qualifications or safety production conditions, the employer shall bear the corresponding joint and several liability. That is, to claim compensation from both the contractor and the employer.

If the negotiation with the parties fails, the relevant evidence and materials may be collected and brought to the court to file a lawsuit, requiring the relevant persons to bear the liability for damages.

Legal basis: Article 5 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 Article 5 Where a helper who provides labor services without compensation suffers personal injury as a result of his or her helper activities, he or she shall bear corresponding liability according to the fault of the helper and the helped; If the assisted worker explicitly refuses to help, the assisted worker is not liable for compensation, but may be compensated within the scope of benefits.

Where a helper suffers personal injury due to a third party's conduct in the course of helper activities, he has the right to request that the third party bear the liability for compensation, and also has the right to request that the helpee make appropriate compensation. After the worker is compensated, he can recover from a third party.