Taking the case as a "code"丨Does the employer take full responsibility for the injury of a temporary employee?
Release time：2023-02-07 05:50:39 source：korpimaankyynel.com author：Ocean
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Taking the case as a "code"丨Does the employer take full responsibility for the injury of a temporary employee?
Qi Mengcheng (first from the right), chief of the Civil Division of the Hutubi County People's Court, is communicating with the parties. Photo by correspondent Bai Jincheng Case facts: Hutubi County self-employed builder Wang contracted a basement glass sun room renovation project, and hired Lin and Xia for 200 yuan per day. A few days after the start of construction, the three of them temporarily built a wooden frame with a height of more than 1 meter on the construction site. When Lin climbed on the shelf to carry the glass, he could not stand steadily, fell and fell, causing multiple fractures such as the patella. grade ten. After Wang voluntarily paid 41,000 yuan for medical expenses, Lin sued Wang to the court for 150,000 yuan in compensation for disability and other expenses. Article 1192 of the "Civil Code of the People's Republic of China" stipulates that if a labor relationship is formed between individuals, if the party providing labor services causes damage to others due to labor services, the party accepting labor services shall bear tort liability. After the party accepting the labor service bears the tort liability, it may seek compensation from the party providing the labor service with intentional or gross negligence. If the party providing the labor service suffers damage due to the labor service, it shall bear the corresponding responsibility according to the respective faults of both parties. During the provision of labor services, if damages are caused to the party providing labor services due to the actions of a third party, the party providing labor services has the right to request the third party to bear the tort liability, and also has the right to request the party accepting labor services to make compensation. After the party receiving the labor service is compensated, it can claim compensation from the third party. Interpretation: In actual life, it is very common for natural persons to provide labor services. If an accident occurs, how should employers and labor providers take responsibility? "According to the provisions of the Civil Code, the service provider shall bear the tort liability for injury caused by the service, and the service provider shall bear the tort liability. If the service provider is at fault for the occurrence or expansion of the damage, he shall bear the corresponding responsibility according to his own fault." Qi Mengcheng, president of the Civil Trial Division of the Hutubi County People's Court, said that generally speaking, the fault of the labor provider mainly refers to the failure to perform the duty of safety care in the process of labor service, that is, the prevention of safety accidents is lower than that of ordinary people. , such as engaging in special operations without obtaining professional qualifications, failing to comply with safety operation specifications during operation, and still carrying out relevant operations even knowing that there are potential safety hazards. "Therefore, the provider of labor services must not take a chance on the prevention of safety accidents in the process of labor services. Otherwise, after a personal injury accident occurs, they will have to bear the corresponding fault responsibility because they have not fulfilled their safety duty of care, which is not worth the loss." Qi Mengcheng introduced that the court based on According to Lin's disability rating, the total loss is 110,000 yuan, Wang bears 80% of the compensation liability, and Lin bears 20% by himself. In labor relations, how to prevent risks? Qi Mengcheng reminded that, as a labor recipient, you should hire personnel with corresponding vocational skills and qualifications, provide adequate labor safety protection, and purchase personal accident insurance for labor providers. As a labor provider, you must sign a written labor contract with your employer to determine rights and obligations and obtain protection. (Organized by Tianshan Net reporter Yang Shuhan)
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