In accordance with Article 48 of the Construction Law of the People’s Republic of China, It is a legal obligation for construction enterprises to pay the work-related injury insurance premium for employees to participate in work-related injury insurance, and it is an advocacy requirement to handle accident insurance and pay the insurance premium for employees engaged in dangerous operations.
located in Haizhou Road, Qidong Hi tech Industrial Development Zone, and subcontracted the project to the defendant Huang Zhengbing.
Qidong People’s Court found out in the first instance that from February to October 2018, Fan Hongchang was employed by the defendant Huang Zhengbing, and his salary was 180 yuan/day.
Xianglong Company and Huang Zhengbing were ordered to jointly compensate Fan Zhongxing Yu Lanping, Gao Juan’s medical expenses, death compensation, funeral expenses, dependants’ living expenses, corpse custody fees (as of June 3, 2019) and other losses totaled 1065987.73 yuan; 2.
The Institute issued an expert opinion on December 18, 2018, identifying that Fan Hongchang’s death was caused by severe brain trauma and chest trauma.
The plaintiff believed that there was an employment relationship between Fan Hongchang and Huang Zhengbing.
The defendants Xianglong Company and Huang Zhengbing argued that: the identification institution did not understand why the falling object was blindly identified, which not only violated the relevant provisions of judicial identification, but also affected the analysis and identification of the cause of death of Fan Hongchang; Fan Hongchang went to the construction site to work normally within two or three days after he was hit by a falling object on his head, without any discomfort or reaction; The judicial expertise did not clearly distinguish and identify the responsibility for Fan Hongchang’s death caused by the two previous injuries, which violated the procedural provisions of judicial expertise.
When he was sent to Qidong People’s Hospital for emergency treatment, he was in a deep coma.
Defendant: Shanghai Xianglong Yuji Construction Development Co., Ltd., domiciled at Tianyaoqiao South Road, Shanghai.
The main reason should be multiple injuries caused by single car accidents.
At noon on October 6, 2018, Fan Hongchang, accompanied by his wife, fell down while riding a battery car to the hospital for medical treatment due to his dizziness.
The litigation costs shall be borne by Xianglong Company and Huang Zhengbing.
The plaintiffs Fan Zhongxing, Yu Lanping and Gao Juan sued that in February 2018, the defendant Xianglong Company contracted the office building and workshop construction project of Jiangsu Wodi Biotechnology Co., Ltd.
The construction enterprise, as an applicant, insures group accident insurance for workers, and the beneficiaries of the insurance can only be workers or their close relatives.
Fan Hongchang was still working on the construction site in the morning of the bicycle accident.
On the afternoon of October 3, 2018, Fan Hongchang was hit on his head by falling bricks when working in the office building and workshop construction project of Jiangsu Wodi Biotechnology Co., Ltd.
In case of personal injury or death accidents of workers at work, the construction enterprise or the actual constructor, as the applicant, claims to deduct the accidental injury insurance benefits from the compensation and becomes the beneficiary of the insurance in disguised form, which is against the legislative purpose and will not be supported according to law.
On October 9, 2018, Qidong Municipal Public Security Bureau entrusted Suzhou Tongji Judicial Expertise Institute to identify the cause of Fan Hongchang’s death.
Fan Hongchang (the deceased) was employed by Huang Zhengbing as a carpenter.
Defendant: Huang Zhengbing, male, born on January 13, 1964, Han nationality, living in Qidong City, Jiangsu Province.
According to the scene of the bicycle accident, his speed was very fast.
Source: Gazette of the Supreme People’s Court of the People’s Republic of China, Issue 10, 2021, Fayan Empire Case No.: Nantong Intermediate People’s Court of Jiangsu Province (2019), Su 06, Min Zhong No.
Brain trauma was the main cause of death, and chest trauma was the secondary cause of death.
In order to protect its legitimate rights and interests, the plaintiff filed a lawsuit to the court according to the law, requesting a judgment according to law: 1.
The plaintiffs Fan Zhongxing, Yu Lanping and Gao Juan filed a lawsuit in Qidong People’s Court, Jiangsu Province, for their dispute over the victim liability of labor providers with the defendants Shanghai Xianglong Yuji Construction Development Co., Ltd.
located in Haizhou Road, Qidong Hi tech Industrial Development Zone..
Plaintiff: Yu Lanping, female, born on February 18, 1954, Han nationality, living in Qidong City, Jiangsu Province.
According to the existing evidence, the cause of Fan Hongchang’s death can only be a bicycle traffic accident.
The employer should bear the liability for compensation if the employee died due to a safety accident in the employment activities.
Fan Hongchang usually likes to drink.
Shanghai Xianglong Yuji Construction Development Co., Ltd., Huang Zhengbing.
Plaintiff: Gao Juan, female, born on October 14, 1981, Han nationality, residing in Nantong City, Jiangsu Province.
Order Xianglong Company and Huang Zhengbing to pay 100 yuan/day for the custody of the corpse from June 4, 2019 to the effective date of the judgment; 3.
Plaintiff: Fan Zhongxing, male, born on January 13, 1933, Han nationality, living in Qidong City, Jiangsu Province.
According to Article 39 of the Insurance Law of the People’s Republic of China, the applicant shall apply for life insurance for workers who have labor relations with him, and shall not designate any person other than the insured and his close relatives as the beneficiary.
To say the least, even if the cause of death of Fan Hongchang was related to his injury caused by falling objects on the construction site, it was secondary.
3278 Name: Fan Zhongxing, Yu Lanping, Gao Juan v.
Legal representative: Xie Lianming, executive director of the company.
At 4:00 p.m.
Therefore, the expert opinion issued by the Suzhou Tongji judicial expertise cannot be used as the basis for the plaintiff to claim the defendant’s liability, and the court is requested to re identify the cause of Fan Hongchang’s death and the division of responsibility for the two previous injuries.
If a construction enterprise has purchased accident insurance for its employees engaged in dangerous work, it will not be exempted from the legal obligation to pay the work-related injury insurance premium for its employees.
on October 3, 2018, Fan Hongchang was hit on his head by a piece of square material during construction on the construction site, and his helmet was smashed, resulting in head injury.
(hereinafter referred to as Xianglong Company) and Huang Zhengbing.
Fan Hongchang died the next day due to ineffective rescue.
Xianglong Company knew that Huang Zhengbing had no corresponding qualifications and contracted the project, which should bear joint and several liability according to law.
After Fan Hongchang was injured, the two defendants did not send him to a medical institution for examination and treatment in time.
