Who is responsible for work related injuries in special labor relations

In accordance with Article 9 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.

Legal analysis: If the labor relationship is not related to labor, so if you are injured in labor activities, you cannot apply for a work-related injury determination, but you can claim compensation from the employing party.

Legal basis: Article 1192 of the Civil Code of the People's Republic of China Where a labor relationship is formed between individuals late, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence.

If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties. During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

A worker with a labor relationship cannot apply for work-related injury recognition if he or she is injured, but only if there is an employment relationship between the employer and the employee can apply for work-related injury recognition. To submit an application for determination of work-related injury, proof of the existence of an employment relationship (including a de facto employment relationship) with the employer shall be submitted. Labor relationship refers to the legal relationship between the employee and the employer when the employee and the employer sign a labor contract in accordance with the law.

[Legal basis].Article 18 of the Regulations on Work-related Injury Insurance.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the employment relationship (including the de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the administrative department of social dust banquet insurance shall accept it.

If the labor service provider is injured in the labor relationship, it generally cannot be recognized as a work-related injury, because the premise for the determination of work-related injury is the existence of an employment relationship, and materials that can prove the existence of an employment relationship must also be provided when applying for a work-related injury determination. The provider of the service does not meet this requirement.

1. Can a female worker over 50 years old be recognized as a work-related injury?

The determination of work-related injury is only for the employment relationship, which begins when the employee reaches the age of 16 and ends at the retirement age. Female workers over the age of 50 do not have an employment relationship with the employer, and cannot be recognized as having a work-related injury. Liability for personal injury in labor relations shall be handled in accordance with the provisions of the tort liability section of the Civil Code.

Article 1192 of the Civil Code stipulates that if a person suffers damage due to labor services in the process of providing labor services, he or she shall bear corresponding liability according to the respective faults of both parties.

2. How to deal with zero-hour work-related injuries.

If an employer's part-time employee is injured in an accident while working, he or she cannot be compensated through the work-related injury system, and may negotiate with the employer for civil compensation. According to the relevant provisions of the Regulations on Work-related Injury Insurance, the following materials need to be submitted for work-related injury determination, such as the application form for work-related injury determination, the labor relationship certification materials, and the medical diagnosis certificate.

3. What is the liability of the provider of labor services?

If the party providing the service claims damages from the party receiving the service, then both parties need to bear the corresponding civil liability according to the degree of their fault. The principle of attribution of liability in this dispute has been changed from the principle of no-fault liability to the principle of fault liability, and the provider of labor services needs to provide evidence to prove that the party receiving the services is at fault. The scope of application of the liability for injury of the provider of labor services is only applicable to the existence of labor relations between natural persons, and not to the employment relationship between natural persons and employers.

Article 32 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I).

Where an employer initiates a lawsuit in the event of an employment dispute with a person hired by an employer who has already enjoyed pension insurance benefits or received a retirement pension in accordance with the law, the people's court shall handle it in accordance with the labor relationship.

If an enterprise has a lawsuit due to an employment dispute arising from an employment dispute arising from an employee's suspension of pay, a retired employee who has not reached the statutory retirement age, a laid-off employee who is waiting for work, or an employee who is on a long vacation due to an employment dispute arising from the suspension of production and employment of an enterprise, the people's court shall handle it in accordance with the labor relationship.

Article 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

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;

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

An injury in an employment relationship cannot be recognized as a work-related injury. According to the provisions of the relevant laws of our country, if an accident occurs in a labor relationship and causes personal envy and damage, since the two parties have established a contractual relationship instead of a "labor relationship" but a contractual relationship, the injury cannot be recognized as a work-related injury, but the injured person can claim compensation for personal injury. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, Article 11 of the Regulations on Work-related Injury Insurance, Article 2 of the Regulations on Work-related Injury Insurance, Article 14 of the Regulations on Work-related Injury Insurance, and Article 15 of the Regulations on Work-related Injury Insurance.

The Provisions of the Supreme People's Court on the Causes of Action in Civil Cases stipulate two different types of causes of action: "disputes over compensation for industrial accidents" and "disputes over compensation for employee injuries". Disputes over compensation for employee injuries refer to disputes arising from the employer's liability for compensation caused by the employee's injury in the course of the employee's production and business activities or other labor activities within the scope of the employer's authorization or instructions. The existence or absence of an employment relationship is the basis of the employer's responsibility.

In this type of employment relationship, the employee takes advantage of the conditions provided by the employer, under the direction and supervision of the employer, to provide services to the employer with his own skills, and is remunerated by the employer. Disputes over compensation for work-related accidents refer to disputes in which employees of various enterprises are injured or disabled or die due to accidents in the course of performing their work duties, and the employees themselves or their families request economic compensation from the enterprises. As a result of God's answer, the key to distinguishing between the two types of cases depends on whether the parties have an employment relationship or a service relationship.

In reality, in addition to the labor relationship between the worker and the employer with a certain degree of personal dependence, there are also frequent labor service relations, and the employer of the labor relationship is not limited to the employer, but may also include individuals, and the employment is not limited to workers in the sense of the labor law, but also includes those who have exceeded the statutory retirement age. Therefore, the employment relationship cannot be recognized as a work-related injury, but it can be claimed as a personal injury case. According to the Regulations on Work-related Injury Insurance, the work-related injury relationship must be determined by the employee of the employer, that is, the person who has an employment relationship with the employer.

There is no employment relationship between the employee of the employment relationship and the employer.

1. Compensation for the death of a labor relationship over 60 years old.

If an employee over the age of 60 who has a labor relationship with the employer dies due to work-related reasons, the employer shall compensate him for the corresponding damages. According to the judicial interpretation issued by the Supreme People's Court 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.

Article 2 of the Regulations on Work-related Injury Insurance Article 2 Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China and individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as "employees") of their units.