The Project Is Subcontracting The Disaster, And The Injured Peasant Worker Wins The Lawsuit.

Jiao Chengfeng is a farmer in Biyang county.

In 2014, he was hired by a contractor, Liu Changxing, to work on the construction site of Tai Lian International Plaza in Biyang county.

In January 17, 2015, Jiao Chengfeng accidentally fell from the third floor in the course of his work. The two sides had a dispute over compensation and a lawsuit broke out.

In August 18, 2014, Zhejiang Guang Tai Construction Group Co., Ltd. and developer Haitian Real Estate Co., Ltd. of Zhumadian signed the labor contract agreement for the construction of Biyang International Plaza.

Since then, the Guangzhou Thai Construction Group Limited has signed an agreement with Niu Gang collar, who has agreed to take the employment of the project by the oxen program.

However, after the signing of the agreement, the cattle program didn't really bring people into the field, but instead pferred the project to another package leader Liu Changxing.

In this way, Liu Changxing started working with a group of temporary migrant workers.

If there are no subsequent events, the work is to be done.

You will never know the bending and winding of the project.

After the accident, Jiao Chengfeng was sent to Biyang County Hospital of traditional Chinese medicine for treatment.

Since then, Jiao Chengfeng has been pferred to Biyang County People's Hospital and Nanyang Central Hospital for follow-up treatment.

On 14 May 2015, Jiao Chengfeng was identified as a nine grade disabled by the judicial authentication of Zhumadian Zhongyi Forensic Medicine Institute.

He did not know Jiao Chengfeng's cow program and the Guangzhou Thai Construction Group Co., Ltd., after knowing that there was a worker's injury, and paid some treatment for Jiao Chengfeng, but they insisted that there was no form of labor relations with Jiao Chengfeng and that the payment of some treatment costs was only for humanitarianism.

Another Liu Changxing, the foreman, is pushing the responsibility clean.

Helpless, Jiao Chengfeng on June 2016 6 to the Biyang County Labor and personnel dispute arbitration committee for labor arbitration, Biyang County Labor and personnel dispute arbitration committee in June 6, 2016 does not comply with industrial injury insurance regulations, make decision.

Under the guidance of lawyers, Jiao Chengfeng gave up the standard of work-related injury insurance.

The civil lawsuit was submitted to the people's Court of Biyang County on the grounds of personal injury.

After hearing, the people's Court of Biyang county held that the right of citizens' physical health is protected by law, and the perpetrator infringes upon the right to health of others due to his fault. He shall be liable for compensation in accordance with the law.

Liu Changxing, as the actual constructor, has already formed an employment relationship with Jiao Chengfeng.

According to the application of the Supreme People's Court on cases of personal injury compensation

The eleventh interpretation of a number of issues: "if an employee suffers personal injury in his employment activities, the employer shall be liable for compensation."

Liu Changxing shall be liable for compensation in accordance with the law.

The construction of Guangzhou Tai Construction Group Co., Ltd. should complete the construction on its own. However, it subcontracted some of its work to the cattle program without corresponding qualifications. Niu Gang Ling also subcontracted the project to the defendant Liu Changxing, whose behavior violated the relevant regulations of the People's Republic of China building law, so the damage to the coke peak should be jointly and severally liable.

Taking into account Jiao Chengfeng's inadvertent injury to himself from upstairs on the job, he himself had some faults in the occurrence of the damage and should reduce the civil liability of Niu Gang, Liu Changxing and Guang Tai Construction Group Co., Ltd.

Recently, the people's Court of Biyang county made a decision based on the law of the people's Republic of China on the civil procedure law and so on. (2016) the judgement of No. 598 in early 1726 and early Republic of China: the defendant Liu Changxing compensated the plaintiff Jiao Chengfeng for 70534.72 yuan within ten days from the date the judgment came into effect.

Defendant Niu Gang, Liu Changxing and Guang Tai Construction Group Co., Ltd. bear joint and several liability for compensation.