If there is no qualification, is the contractor liable for the fall injury?

If it is liable, the customizer shall not be liable for the personal injury of the processor in accordance with the provisions of the Tort Liability Law. Of course, if the processor is at fault in the performance of the contract, it should bear the corresponding responsibility. The object of the damage.

According to the provisions of the article, it is a third party other than the contractor or the contractor itself.

Legal analysis

In principle, the contractor shall be liable, but the contractor shall also be jointly and severally liable for compensation if he is at fault and illegally subcontracting. First of all, it will compensate for the various expenses of the person injured by the fall, and secondly, the relevant departments will investigate the problem of daring to construct without qualifications. 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. The court held that if the employee is not subject to the supervision and attendance of the employer, and there is no personal dependence relationship with the employer, and the remuneration is calculated by the employer based on the results of the work, the relationship between the employee and the employer is contracting; The contractor has been assigned by the entrusting unit to complete the relevant installation work for a long time, and the entrusting unit has paid remuneration according to the negotiation between the two parties afterwards.

Therefore, according to the relevant provisions, the person who made the order is liable for the personal injury of the processor. Of course, if the processor is at fault in the performance of the contract, it should bear the corresponding responsibility.

Legal basis

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 10: Hospitalization meal allowances may be determined with reference to the standards for business trip meal allowances for general staff of local state organs. If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.

Civil Code of the People's Republic of China

Article 783: If the contractor fails to pay the contractor remuneration or the equivalent of material costs, the contractor shall have the right of retention or the right to refuse to deliver the completed work products, unless otherwise agreed by the parties.

Article 770: A contract is a contract in which the contractor completes the work and delivers the work results in accordance with the requirements of the contractor, and the contractor pays remuneration. The contract includes processing, customization, repair, copying, testing, inspection and other work.

It must be responsible, first of all, it will compensate for the various expenses of the person injured by the fall, and secondly, the relevant departments will investigate the problem of daring to construct without qualifications.

Without qualifications, you can't contract such work projects, and people who fall and injure people will not only be held accountable for the operation command and leadership, but also the responsibility of the contractor!

Responsibility as long as it is the contractor.

Employment means that there is an employment relationship between them, and the labor contract will automatically take effect, and the contractor will be liable in the event of an accident.

That must be responsible.

If you don't have the qualifications, you need to be responsible in this case.

If the contractor doesn't know, there's no responsibility for that.

But if you know, then you are responsible.

Legal analysis: In principle, the contractor shall be liable, but the contractor shall also be jointly and severally liable for compensation if he is at fault for illegal subcontracting.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries in the Trial of Personal Injury Cases" Article 10 If the contractor causes damage to a third party or causes damage to itself in the process of completing the work, the contractor shall not be liable for compensation. However, if the author is negligent in the ordering, instruction or selection, he shall bear the corresponding liability for compensation.

Legal analysis: unqualified construction individuals are prone to project quality problems and potential safety accidents because they do not have the human, financial, technical strength and relevant experience related to the organization of construction, and the contractor, the employer and the developer shall be jointly and severally liable for compensation, according to the relevant laws and regulations The employer shall be liable for compensation for personal injury suffered by the employee in the course of employment activities, 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. An employee suffers personal injury as a result of 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, shall be jointly and severally liable with the employer for compensation, and if an individual contractor recruits a worker in violation of the provisions of this Law and causes damage to the laborer, the contracting organization and the individual contractor shall be jointly and severally liable for compensation. Therefore, the employer should be liable for compensation for the injured worker, which is undoubtedly a sufficient legal basis, if it is a liability for work-related injury insurance benefits, then the worker should first apply for recognition of work-related injury, disability level appraisal, arbitration and litigation to claim work-related injury insurance benefits The victim suffers personal injury, various expenses incurred due to medical treatment** and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, The person obligated to make compensation shall make compensation. 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 basis: Article 94 of the Labor Contract Law of the People's Republic of China Where an individual contractor 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.