Therefore, company a and Chen should bear joint and several liability for Zhu’s injury.
Source: official account @ Qinhuai court legal report, CCTV today..
With regard to the fault of each party, if the party providing labor services suffers damage due to its own labor services, it shall bear corresponding responsibilities according to the respective faults of both parties.
When working on the construction site, workers must pay attention to abide by the management norms of safe production and civilized construction to ensure their personal safety.
It can be seen that company a loaned its qualification to Chen and knew that Chen had no corresponding qualification as a natural person.
20) before the revision shall apply: the employer If the subcontractor knows or should know that the employer accepting the contract or subcontracting business has no corresponding qualification or safety production conditions, it shall bear joint and several liability with the employer.
He failed to wear the safety belt as required, resulting in falling from a high place.
on April 2, 2019, Zhu slipped from the scaffold nearly three meters high on the construction site while working.
After verification, safety helmets and safety belts have been issued and placed on the scene.
After the accident, the defendant Chen sent Zhu to a hospital in Jurong City, Jiangsu Province on the day of the accident, during which a total of 52531.2 yuan of medical expenses were spent.
At about 7 a.m.
Zhu was introduced to work on the construction site, and Chen paid his wages.
They should also bear corresponding responsibility for the consequences of Zhu’s injury.
The plaintiff Zhu appealed to the court and asked the two defendants Chen and company a to compensate for various losses totaling 327178.34 yuan.
The court held that the natural person contracted the project with the qualification of the enterprise, and the workers employed by the natural person were injured in the process of project construction.
Under the circumstances of this case, the employer and the subcontractor infringed jointly, and the assumption of joint and several liability is also conducive to protecting the legitimate rights and interests of workers in a vulnerable position.
Zhu only wore safety helmets and did not wear safety belts at the time of the accident.
The construction unit on the construction site shall also carry out safety construction training for workers, equip safety officers for on-site supervision, avoid all safety measures becoming a mere formality, and purchase personal casualty accident insurance for workers to reduce property losses caused by accidents.
At the same time, the judge reminded that the development and construction of the city are inseparable from the hard work of workers.
With regard to the fault of all parties, based on the fault and legal facts of Zhu, Chen and company a, the court decided that Chen and company a should bear 80% of the liability for the event, and Zhu should bear 20% of the liability.
Article 1192 where a labor service relationship is formed between individuals, and the party providing labor services causes damage to others due to labor services, the party receiving labor services shall bear tort liability.
The judge said that in this case, Chen is what we usually call the “Contractor”.
As for the subject of liability, this case occurred in 2019, and 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 (FSH [2003] No.
To sum up, the court found that the two defendants compensated Zhu for a total loss of 193536.79 yuan.
The two sides formed a labor relationship.
In this case, the two defendants said that the project involved in the case was undertaken by Chen in the name of company a, the wages of the workers were paid by Chen, and the two sides borrowed their qualifications.
After the party receiving the labor service bears the tort liability, it may recover the compensation from the party providing the labor service with intentional or gross negligence.
If the party providing labor services suffers damage due to labor services, it shall bear corresponding liabilities according to the respective faults of both parties.
In this case, Zhu slipped from the scaffold and was injured while working on the construction site.
Who will be responsible for the compensation for the workers falling from the 3M scaffold on the construction site? “Contractor” or company? On February 19, 2019, the plaintiff Zhu was introduced to work as a bricklayer at site a.
After the judgment of the first instance, neither the plaintiff nor the defendant appealed.
The natural person and the enterprise shall be jointly and severally liable for the injuries of the workers.
He has a certain fault, so he shall bear the corresponding responsibility for the damage; On the other hand, Chen and company a’s safety training for site staff is a mere formality, and Zhu’s behavior of climbing without wearing a seat belt is not prohibited in time.
After identification, Zhu constituted a nine level disability.
Therefore, the court ruled that company a and Chen should bear joint and several liability for Zhu’s injury.
On the one hand, as a person who works on the construction site all the year round, Zhu knows or should know that he should wear a safety belt when working three meters away from the ground.
Article 168 of the civil code of the people’s Republic of China: if two or more persons jointly commit an infringement and cause damage to others, they shall bear joint and several liability.
Court: the defendant shall be jointly and severally liable.
