Who Will Be Compensated For The Injured Workers?

Mr. Liu asked Mr. Liu when he was injured at a construction site accident.

After the accident, he asked for a contractor's claim. The contractor asked him to find the A boss, and the A boss pushed it to the construction company.

Originally, the project was subcontracted to a A boss by a construction company, and the A boss pferred part of the project to the contractor.

Liu wondered, who should pay for work-related injuries?

Answer: construction includes decoration.

The phenomenon of subcontracting is widespread. Once workers encounter industrial injury or personal injury, how to protect their rights and find compensation is a concern for many workers.

For the injured worker, there are two ways to safeguard rights.

First, it is handled through the compensation procedure for personal injury.

At present, the provisions on compensation for personal injury accidents are mainly in China.

And the Supreme Court's judicial interpretation of personal injury and mental injury.

If the two sides fail to negotiate, workers can be settled through civil action.

If we go this way

The object of safeguarding the rights is the contractor, the A boss and the owner unit of the contracted project, and the three party bear the joint and several liability.

Another way is to safeguard workers' rights through industrial injury.

According to the notice of the Ministry of labor and social security on the management of labor contract for migrant workers in the industries such as strengthening construction, and the notice on the establishment of related matters concerning labor relations, the engineering department, project manager, construction team and contractor of the construction field do not have the qualification of the employment subject, and can not be employed as the main body to sign labor contracts with migrant workers.

Therefore, the object of safeguarding the rights of the injured worker should be the contractor who has the qualification of the employer.

It is particularly reminding that work-related injury identification can be applied within one year from the date of occurrence of industrial injury.

If the employer fails to cooperate, the worker may apply for a work injury identification to the people's and social department himself.

After the industrial injury is identified, the disability level is appraised and the industrial injury compensation is finally carried out.

If the employer fails to pay the work-related injury insurance for the workers, the lump sum compensation shall be given according to the industrial injury insurance compensation standard.