Source: People’s court 👇 click
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According to the accident investigation report, the construction company organizes construction without permission and fails to eliminate the hidden dangers of production safety accidents in time
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Wei is responsible for 80% of the compensation, that is, more than 400000 yuan, Chaohu insurance company is responsible for more than 380000 Yuan, Xuzhou insurance company is responsible for more than 20000 yuan; Zhang and the construction company are responsible for 10% of the compensation, that is, more than 50000 yuan
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Who should bear the corresponding liability for damages? Recently, the people’s Court of Wujiang District, Suzhou City, Jiangsu Province has concluded a case of construction site safety accident
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The guy is working on the construction site, and the crane working on one side touches the high-voltage line, causing him to be electrocuted to death
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In August 2018, a construction company contracted a rainwater and sewage diversion project, and then subcontract part of the work to Zhang
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Finally, the court accounting, Li’s loss of more than 500000 yuan
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The court held that Wei, Zhang and the construction company were responsible for 80%, 10% and 10% of the compensation respectively for Li’s death
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Both of them have a certain causal relationship with the occurrence of accidents and should bear the corresponding liability for compensation
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After the accident, Li’s relatives and Zhang reached a mediation agreement, which agreed that Zhang would compensate Li’s relatives for death compensation and other losses, totaling 1.125 million yuan
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At the same time, Zhang, as the employer of Li, did not have the corresponding qualification to subcontract the construction of sewage well, knowing that there was a high-voltage line above, and did not fulfill the duty of safety care
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On the afternoon of September 9, 2018, when the operator Wei was operating the crane on site, he accidentally touched the high-voltage wire above the crane, resulting in the death of Li who contacted the main lifting rope below
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After hearing, the court held that Li’s death occurred during the period of employment, and Zhang, as the employer, has the right to claim compensation from Wei, the third party who actually infringed the rights
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The construction company, the troublemaker, the employer and the crane insurance company all bear the corresponding liability for compensation
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Zhang rented a crane and hired Li and others for construction
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After Zhang made the payment according to the contract, he sued Wei, Ningbo insurance company, Chaohu insurance company and Xuzhou insurance company insured by crane, demanding the joint return of compensation of 1.125 million yuan
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Because the crane operated by Wei was in the state of hoisting operation and not in the state of traffic when the accident happened, this case belongs to the site safety accident, so it should not be compensated by Ningbo insurance company within the scope of compulsory traffic insurance, but should be compensated by Chaohu insurance company and Xuzhou insurance company according to the proportion of the insured amount according to the insurance liability of the accident
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