Renovation of guerrilla workers with injuries
2023-02-17 10:17:08
Lawyer: If you look for "guerrillas," you will inevitably lose money.
Now if someone comes to consult with Mr. Zhang about the decoration, he will certainly chatter like “Xianglin Lin†and tell them that the decoration team should never seek “guerrillas.†His lesson is too deep. During the renovation of the new home, the accidental injury of the worker led to blindness in the left eye. He was claimed 400,000 yuan.
[Case number one]
Renovation worker left eye unexpected blindness owner contractor lost money
In January 2007, Mr. Zhang bought a house in Jiangning. Before the renovation, he had contacted the formal decoration company, but the price he offered was a bit unacceptable to him. One day, he met a migrant worker on the street holding a sign of “decoration.†He asked the question, the price was very cheap, and the migrant worker also guaranteed that he would finish the task with quality and quantity, otherwise he would not have a penny.
Mr. Zhang promptly asked the migrant worker to help him decorate. The migrant worker surnamed Zhou and he brought in five more helpers. They were careful when they used materials. Mr. Zhang was very satisfied, but when he was secretly proud, the trouble came. In mid-February, a young man surnamed Wang in the decoration team stood on a ladder and hit a ceiling with a gas nail gun. After a nail was shot, he bounced back from the ceiling and hit his left eye. Xiao Wang yelled and fell to the ground. His left eye was bleeding. The coworker immediately sent him to the hospital. The hospital diagnosed a corneal penetration of the left eye and asked him to be hospitalized immediately. However, after nearly six months of treatment, Xiao Wang still failed to keep his eyes, and the judiciary was classified as Grade 7 disabled.
At the time of the incident, Mr. Zhang paid for the treatment of nearly 10,000 yuan for Xiao Wang because of humanitarian considerations. After that, he never made a single penny. After Wang was discharged from the hospital, he sue Mr. Zhang to the court and asked for compensation of RMB 400,000.
After getting the indictment, Mr. Zhang was very unreasonable. He came to the Nanjing branch of Shanghai Guangming Law Firm and asked Xu Hui lawyer whether he would need to bear the compensation. After an analysis of the case, Xu Hui believed that in this incident, the foreman and the old Zhou should bear the main responsibility, because it was Lao Zhou who contracted Mr. Zhang’s housing renovation business. Xiao Wang was employed by Lao Zhou.
On the other hand, since Mr. Zhang did not hand over the decoration business to a qualified unit, he had a fault in his election and should bear the corresponding liability according to the degree of his fault. However, Xiao Wang violated the operating procedures during construction and did not take effective safety precautions to cause his own injuries. There was also some fault.
To this end, Xu Hui suggested that Mr. Zhang should ask for the addition of the old Zhou as the defendant, and at the same time ask Xiao Wang to take responsibility. This time, Mr. Zhang has a little emboldened. However, losing money is certain.
[Case 2]
Finding the formal decoration company workers injured the owners did not lose money <br> and Mr. Zhao was lucky. When he asked the person to decorate, the construction staff also had an accident, but also the left eye was blind, but because Mr. Zhao commissioned a qualified decoration company, he may not need to bear any responsibility for this.
In June last year, Mr. Zhao bought a house in Jianye District. He then went to find a decoration company that was well-known in the local area. During the renovation, when a worker named Li painted the roof, lime accidentally fell into his eyes, causing Lee to lose sight of his left eye. It is an eighth grade disability.
Subsequently, Lee took Mr. Zhao and the company manager to the court and demanded compensation of more than RMB 300,000. After the trial, the court held that Lee's real employer was Mr. Song, the veteran of the decoration company, so Mr. Zhao was only working with Mr. Song on the processing contract and had no legal relationship with the injured Lee. Therefore, Mr. Song took Lee's responsibility as an employer and carried out personal injury compensation, and Mr. Zhao did not have an obligation to pay compensation.
The key to Mr. Zhao’s luck is that because the construction team has qualifications for decoration and does not directly employ injured workers, it is not necessary to assume responsibility for compensation after a false alarm.
-Lawyers say employment or contracting decides whether the owner is responsible or not. <br><br><br><br><br> Xu Hui lawyers told reporters that the cases in which a decoration worker is injured in construction and claim for compensation are in a significant proportion in the annual personal injury compensation cases. There are also many owners in the renovation due to the accidental injuries of workers and bewildered as the defendant. Since it is known that there are risks, consumers need to understand the composition of risk and need to understand how to avoid risks.
Who will bear the liability for personal injury in the decoration? Xu Hui believes that when it comes to personal injury compensation, we must first clarify the relationship between workers and owners. If the owner is signing a home improvement agreement with the decoration company, the owner and the worker only have the obligation to provide convenience for their construction. Once the worker has an accident, the decoration company assumes the responsibility of the employer to the worker. This is the case of Mr. Zhao in Case 2. However, in this case, if the worker Lee was injured because of problems with Mr. Zhao’s materials, then Mr. Zhao is also responsible.
On the other hand, if the workers are found by the owners, such as the construction team looking for the roadside, then they have to distinguish the situation. If the contractor has contracted the project (with decoration qualifications) and organized the construction of the workers, the contractor shall assume the employer's responsibility for the workers. If the owner knows that the contractor does not have qualification or safe production conditions, the owner will bear the joint responsibility with the contractor. If the owner directly hires the workers to construct, the owner will bear the responsibility of the employer. Mr. Zhang in Case 1 is a typical example. He clearly knows that the other party has no construction qualifications to be invited, and there is a fault in the selection.
Xu Hui said that here, the core of difference responsibility is whether the owners and workers constitute an employment relationship or a contract relationship. If it is an employment relationship, as an employer, the industry is mainly responsible for the compensation of injured workers. If it is a contractual relationship, if the owner is not negligent, he is not obligated to pay compensation. The purpose of employment is to provide labor services, and the purpose of the contract is to complete certain work results; at the same time, the risks in the work shall be borne by the contractor in the contract of the contract, and the employer shall bear the responsibility in the employment relationship.
Now if someone comes to consult with Mr. Zhang about the decoration, he will certainly chatter like “Xianglin Lin†and tell them that the decoration team should never seek “guerrillas.†His lesson is too deep. During the renovation of the new home, the accidental injury of the worker led to blindness in the left eye. He was claimed 400,000 yuan.
[Case number one]
Renovation worker left eye unexpected blindness owner contractor lost money
In January 2007, Mr. Zhang bought a house in Jiangning. Before the renovation, he had contacted the formal decoration company, but the price he offered was a bit unacceptable to him. One day, he met a migrant worker on the street holding a sign of “decoration.†He asked the question, the price was very cheap, and the migrant worker also guaranteed that he would finish the task with quality and quantity, otherwise he would not have a penny.
Mr. Zhang promptly asked the migrant worker to help him decorate. The migrant worker surnamed Zhou and he brought in five more helpers. They were careful when they used materials. Mr. Zhang was very satisfied, but when he was secretly proud, the trouble came. In mid-February, a young man surnamed Wang in the decoration team stood on a ladder and hit a ceiling with a gas nail gun. After a nail was shot, he bounced back from the ceiling and hit his left eye. Xiao Wang yelled and fell to the ground. His left eye was bleeding. The coworker immediately sent him to the hospital. The hospital diagnosed a corneal penetration of the left eye and asked him to be hospitalized immediately. However, after nearly six months of treatment, Xiao Wang still failed to keep his eyes, and the judiciary was classified as Grade 7 disabled.
At the time of the incident, Mr. Zhang paid for the treatment of nearly 10,000 yuan for Xiao Wang because of humanitarian considerations. After that, he never made a single penny. After Wang was discharged from the hospital, he sue Mr. Zhang to the court and asked for compensation of RMB 400,000.
After getting the indictment, Mr. Zhang was very unreasonable. He came to the Nanjing branch of Shanghai Guangming Law Firm and asked Xu Hui lawyer whether he would need to bear the compensation. After an analysis of the case, Xu Hui believed that in this incident, the foreman and the old Zhou should bear the main responsibility, because it was Lao Zhou who contracted Mr. Zhang’s housing renovation business. Xiao Wang was employed by Lao Zhou.
On the other hand, since Mr. Zhang did not hand over the decoration business to a qualified unit, he had a fault in his election and should bear the corresponding liability according to the degree of his fault. However, Xiao Wang violated the operating procedures during construction and did not take effective safety precautions to cause his own injuries. There was also some fault.
To this end, Xu Hui suggested that Mr. Zhang should ask for the addition of the old Zhou as the defendant, and at the same time ask Xiao Wang to take responsibility. This time, Mr. Zhang has a little emboldened. However, losing money is certain.
[Case 2]
Finding the formal decoration company workers injured the owners did not lose money <br> and Mr. Zhao was lucky. When he asked the person to decorate, the construction staff also had an accident, but also the left eye was blind, but because Mr. Zhao commissioned a qualified decoration company, he may not need to bear any responsibility for this.
In June last year, Mr. Zhao bought a house in Jianye District. He then went to find a decoration company that was well-known in the local area. During the renovation, when a worker named Li painted the roof, lime accidentally fell into his eyes, causing Lee to lose sight of his left eye. It is an eighth grade disability.
Subsequently, Lee took Mr. Zhao and the company manager to the court and demanded compensation of more than RMB 300,000. After the trial, the court held that Lee's real employer was Mr. Song, the veteran of the decoration company, so Mr. Zhao was only working with Mr. Song on the processing contract and had no legal relationship with the injured Lee. Therefore, Mr. Song took Lee's responsibility as an employer and carried out personal injury compensation, and Mr. Zhao did not have an obligation to pay compensation.
The key to Mr. Zhao’s luck is that because the construction team has qualifications for decoration and does not directly employ injured workers, it is not necessary to assume responsibility for compensation after a false alarm.
-Lawyers say employment or contracting decides whether the owner is responsible or not. <br><br><br><br><br> Xu Hui lawyers told reporters that the cases in which a decoration worker is injured in construction and claim for compensation are in a significant proportion in the annual personal injury compensation cases. There are also many owners in the renovation due to the accidental injuries of workers and bewildered as the defendant. Since it is known that there are risks, consumers need to understand the composition of risk and need to understand how to avoid risks.
Who will bear the liability for personal injury in the decoration? Xu Hui believes that when it comes to personal injury compensation, we must first clarify the relationship between workers and owners. If the owner is signing a home improvement agreement with the decoration company, the owner and the worker only have the obligation to provide convenience for their construction. Once the worker has an accident, the decoration company assumes the responsibility of the employer to the worker. This is the case of Mr. Zhao in Case 2. However, in this case, if the worker Lee was injured because of problems with Mr. Zhao’s materials, then Mr. Zhao is also responsible.
On the other hand, if the workers are found by the owners, such as the construction team looking for the roadside, then they have to distinguish the situation. If the contractor has contracted the project (with decoration qualifications) and organized the construction of the workers, the contractor shall assume the employer's responsibility for the workers. If the owner knows that the contractor does not have qualification or safe production conditions, the owner will bear the joint responsibility with the contractor. If the owner directly hires the workers to construct, the owner will bear the responsibility of the employer. Mr. Zhang in Case 1 is a typical example. He clearly knows that the other party has no construction qualifications to be invited, and there is a fault in the selection.
Xu Hui said that here, the core of difference responsibility is whether the owners and workers constitute an employment relationship or a contract relationship. If it is an employment relationship, as an employer, the industry is mainly responsible for the compensation of injured workers. If it is a contractual relationship, if the owner is not negligent, he is not obligated to pay compensation. The purpose of employment is to provide labor services, and the purpose of the contract is to complete certain work results; at the same time, the risks in the work shall be borne by the contractor in the contract of the contract, and the employer shall bear the responsibility in the employment relationship.
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