Is it the responsibility of the employer to be injured during the hourly work? Lawyer's answer: Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that if the contractor causes damage to a third party or damages itself during the completion of the work, the ordering party shall not be liable for compensation. However, if the ordering party is at fault in ordering, instructing or selecting, it shall bear the corresponding liability for compensation. Article 11 stipulates that if an employee suffers personal injury in the course of employment, the employer shall be liable for compensation. Article 2 of this interpretation also stipulates that if the victim intentionally or neglects the occurrence or expansion of the same damage, the liability of the compensation obligor may be reduced or exempted. Case consultation: I am a bell worker, and I was introduced to clean Wang's house. The agreed time was one day, and my salary was 1 yuan. I accidentally fell from the second floor while cleaning the window, which has constituted a level 9 disability. Excuse me, who should bear the responsibility for my injury? What you provided for Wang was a one-time labor service, and Wang paid you a day's labor remuneration in 1 yuan as agreed. The qualitative nature of the legal relationship between you and Wang is the key to bear the responsibility. At present, there are two views on this in judicial determination. The first view is that you and Wang are in a contractual relationship. According to the legal provisions of the contractual relationship, the contractor is not at fault and should not bear the responsibility. Only if the ordering party is at fault in ordering, instructing or selecting, should it bear the corresponding liability for compensation. The second view is that there is an employment relationship between you and Wang. According to the law of employment relationship, Wang should bear the responsibility as an employer. We agree with the second point of view, because although you provide a one-time service for Wang, you work in Wang's home, and your work content and work style are assigned and restricted by Wang. Remuneration is also calculated by the day, which is more in line with the characteristics of employment relationship. Therefore, according to the law of employment relationship, Wang, as an employer, should bear the corresponding liability for your injury. And you are a person with full capacity for civil conduct. As a domestic servant, you should have strong risk prevention awareness and risk prevention measures, improve your self-protection ability at work, and complete your work tasks cautiously and safely. The fact that you accidentally stepped on the air proves that you also have obvious faults. According to the law, you should also bear corresponding responsibilities for your own injuries. The above is the knowledge about "Is it the responsibility of employers who are injured during the work of hourly workers?" I hope everyone can learn more. If their legitimate rights and interests are violated in the future, they can protect their legitimate rights and interests through legal weapons. If your situation is complicated, online lawyer consultation service is also provided. You are welcome to have legal consultation. Legal objectivity:
Article 4 of the Regulations on Work-related Injury Insurance
Disability allowance, pension for dependent relatives and living nursing expenses shall be adjusted by the social insurance administrative department in the overall planning area according to the changes in the average wages and living expenses of employees. Measures for adjustment shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 32
Workers with work-related injuries may install artificial limbs, orthotics, artificial eyes, dentures, wheelchairs and other assistive devices due to their daily life or employment needs, and the required expenses shall be paid from the work-related injury insurance fund according to the standards stipulated by the state.