How To Deal With The Partner'S Injury In Partnership Affairs

Yang Chunhua: I set up a restaurant with Zheng and Wang.

Three months ago, because of the breakdown of the ceiling lamp in the restaurant, I brought myself ladder maintenance.

Unexpectedly, the ladder screws suddenly fell off, I fell to the ground injured, spent more than 9 yuan medical expenses, was identified as grade 10 disability.

Because I did not carry out industrial injury insurance, I could not get the corresponding compensation from the industrial injury insurance agency.

I asked Zheng and Wang to give me industrial injury treatment in accordance with the "industrial injury insurance Ordinance", but I was rejected.

Excuse me, can I handle the work injury according to my condition?

Analysis: your situation is not a work-related injury and can not enjoy industrial injury treatment, but you can ask zhengmou and Wang two people to give appropriate compensation from the perspective of civil legal relations. This is the basic practice.

On the one hand, you are not the main body of work-related injury insurance.

Although the State Council promulgated the sixty-second section of the regulations on work-related injury insurance, "workers who have not participated in work-related injury insurance have suffered work-related injuries, and the employer shall pay the cost according to the items and standards of work-related injury insurance stipulated in these Regulations".

The second provision of the regulations on industrial injury insurance stipulates that enterprises, institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms and other individual industrial and commercial households (hereinafter referred to as employing units) in People's Republic of China shall participate in work-related injury insurance in accordance with the provisions of this Ordinance.

Or employees pay industrial injury insurance premiums.

Therefore, it is necessary to identify labor relations with employers.

Labor relations refer to the relationship between management and management, which is provided by labors for employing units and paid by employers.

And you are in partnership with Zheng and Wang, their status is equal, there is no relationship between management and management, and their remuneration comes from the co operation of each other.

Once the restaurant loses money, it must share the debt.

On the other hand, two people of zhengmou and Wang should share the losses appropriately.

When the Supreme People's court accidentally dies in the business activities of individual partnership members, should other members undertake

In the reply to the question, it is pointed out that the members of a partnership are injured in the business activities for the common interests of the partners, and one of the beneficiaries of the partnership is to give appropriate financial compensation, which is both reasonable and consistent with the spirit of the relevant legal provisions.

Correspondingly, the reason why you are self repairing ceiling lamps is to better facilitate the realization of partnership interests. Zheng and Wang are the two beneficiaries of this kind of interests.