After being injured on the construction site, there is no responsibility on the construction site ex

If the party and the contractor are in an employment relationship, after being injured on the construction site, they can ask the contractor to give ** and compensation.

If the employer knows that the contractor is not qualified, or the employer has not fulfilled its safety and security obligations, it shall be jointly and severally liable for compensation with the contractor.

Legal link: Article 11 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 The employer shall be liable for compensation for personal injuries suffered by an employee in the course of employment activities. 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.

The provisions of this article do not apply to those that fall within the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.

Of course, I am responsible, because I have no awareness of the minimum safety precautions at this construction site, and I can ask the construction site for medical expenses according to my injury.

If it is injured during the work, the site owner is also responsible.

First of all, the worker was suspected of having a work-related accident at work, and the work-related injury was not covered by liability insurance. Regardless of whether the worker violates the rules, it will not affect the determination of work-related injuries.

Secondly, as long as any part of the fracture occurs, according to the relevant standards of labor ability appraisal, it can be rated as a work-related injury disability level of 10 or above. Depending on the level of disability, you can receive compensation for at least 20 months' wages.

Third, according to the opinions of the Ministry of Human Resources and Social Security on several issues concerning the implementation of the "Regulations on Work-related Injury Insurance" issued by the Ministry of Human Resources and Social Security No. 34 of 2013, Article 7 A contractor with the qualifications of an employing entity violates the provisions of laws and regulations by subcontracting or subcontracting the contracting business to an organization or natural person that does not have the qualifications of an employing entity. Here it is necessary to check whether the contractor is qualified, and if there is no corresponding qualification, the employer shall bear the liability for work-related injury insurance. If there are qualifications, and there are two situations, if you participate in work-related injury insurance and pay normally, the work-related injury insurance** shall bear the expenses that should be borne by the work-related injury person's insurance**; If the contractor does not participate in work-related injury insurance, the contractor shall bear all the expenses.

Legal Analysis: On the contracted land, if it is a labor relationship, it is a work-related injury, and if it is not, it is an employment relationship. In the case of an employment relationship, if you want to recover compensation for work-related injuries, you can contact the contractor or his employer; If you are injured by a third party, you will recover from the third party.

Legal basis: "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 3 Where a worker of an employer who is required to participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury due to a work-related accident, and the worker or his close relatives file a lawsuit with the people's court requesting the employer to bear civil liability for compensation, he or she shall be informed to handle it in accordance with the provisions of the "Regulations on Work-related Injury Insurance".

Since the injury was made on the construction site, of course, it is a work-related injury. The boss is fully responsible, and the contractor belongs to the boss who works for the boss, so the responsibility must lie with the boss.

Questions. I accidentally injured the carpenter boss while working on the construction site, should I find the person above him to be responsible for compensation in this case?

The contractor is also an employee of the company, but is only assigned by the boss to manage the migrant workers on the construction site, and his nature is the same as that of all workers, as long as the conditions for the work-related injury are met, the boss should be fully liable for compensation.

Yes, ask the boss for compensation.

Questions. We're not insured.

No insurance. The boss paid out of his own pocket.

No insurance. The boss paid out of his own pocket.

If you buy insurance, you will be compensated by the insurance company.

Legal analysis: First of all, the contractor must have the qualifications to contract, and if there is no corresponding capital, it does not constitute a contracting relationship, but only an employment relationship. Secondly, there is no contractual relationship, whether Lao Qing has signed a contract or not, it is not a contractual relationship, but an employment relationship.

Finally, in the employment relationship, according to China's civil law and tort liability law, if an employee is injured, the employer must bear the corresponding responsibility for the corresponding fault.

Legal basis: Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.