The Employer Shall Be Liable For Any Fault.

The sixteenth provision of the tort liability law stipulates that any person who causes personal injury to others shall be compensated for medical expenses, nursing expenses, pportation expenses and other reasonable expenses for the treatment and rehabilitation expenses, as well as the income due to loss of work.

Those who cause disability should also compensate for disability life assistance and disability compensation.

The thirty-fifth provision stipulates that labor relations between individuals will be formed, and if one of the parties providing services is injured by labor services, the party who accepts the labor party shall bear the tort liability.

If a party providing labor services is injured by the labor service itself, it shall bear corresponding responsibilities in accordance with their respective fault.

The plaintiff Zhao went to work in a defendant company in March 2012, and the defendant assigned him to other departments in the company to assist in production.

In August 15, 2014, the plaintiff was injured by iron and injured badly on the head and face while working.

The plaintiff paid huge medical expenses for the treatment, which required the defendant to compensate him, but was refused by the other party. He then filed a lawsuit to the court and asked the defendant to pay his medical expenses, loss of work expenses, hospitalization expenses, hospitalization allowance, nutritional cost, disability compensation, pportation expenses, disability identification fees, mental solatium and so on, totaling 444819.73 yuan.

During the trial, the plaintiff claimed that he had repeatedly claimed compensation from the defendant, and the defendant ignored him.

The defendant argued that the plaintiff provided the company with services, but the injury was committed.

Prior to the start, it was caused by the illegal operation of overhead travelling crane. The company should not be liable for compensation. Meanwhile, the defendant provided evidence of witness testimony to prove that the work of the plaintiff was not yet formally started when the plaintiff was injured. The plaintiff was injured because of his illegal operation of a crane without a license. The plaintiff was responsible for the plaintiff and had nothing to do with the security measures provided by the defendant. The unit should not bear civil liability.

During the cross examination, the plaintiff suggested that his working time was 8. He started cleaning at 7:45. He was injured when he repaired the machine, indicating that he was injured at work at work time.

Two the witness confirmed that the plaintiff was not injured. He could not prove the fault of the plaintiff. The plaintiff did not stop the car when he opened the car. There was also the fact that others could open the car.

After hearing, the court held that the plaintiff was employed by the defendant and was assigned to a company to assist in production.

Due to the failure of the crane, the plaintiff and Wang Mou went to repair, and the plaintiff was injured by iron and injured his head and face when he was driving a car. He was rushed to hospital immediately.

In the light of the merits of the case, the plaintiff assumes 20% and the defendant takes 80% of the case. Finally, the court supports the plaintiff's claim for compensation, and decides that the defendant will pay the plaintiff's medical expenses and nursing expenses within ten days after the decision comes into effect.

The total amount of disability compensation is 272127.47 yuan, and the plaintiff's other claims are dismissed.

The judge believes that the liability of victims of labor is the existence of individuals.

On the premise that the party providing the service is injured by the labor activities itself, if the party receives the Labor Party in the direction of providing labor services, the party shall claim the corresponding civil liability according to the degree of fault.

The eleventh interpretation of the Supreme People's Court on Several Issues concerning the application of laws in cases of personal injury compensation stipulates that the employer is liable for no fault liability when he suffers personal injury in his employment activities, and there is no reason for exemption.

In this case, the defendant employed the plaintiff to provide labor services for him. The facts are clear and the evidence is sufficient enough to determine the fact that the plaintiff and the defendant form a real employment service relationship. Therefore, the defendant should be held responsible for the plaintiff's reasonable economic loss. The plaintiff also has some faults in handling the crane without corresponding qualifications or safe production conditions.

The two parties shall bear the corresponding responsibility according to their respective faults, that is, the plaintiff is responsible for 20%, and the defendant shall compensate the plaintiff for 80% of the losses.