Craniocerebral trauma was the main cause of death, and chest trauma was the secondary cause of death.
If a worker has a personal injury or death accident at work, the construction enterprise or the actual constructor claims to deduct the accidental injury insurance premium from the compensation as an applicant and becomes the beneficiary of the insurance in a disguised form, which is contrary to the legislative purpose and will not be supported according to law.
The defendants Xianglong company and Huang Zhengbing argued that the appraisal institution did not find out why the falling object was identified blindly, which not only violated the relevant provisions of judicial appraisal, but also affected the analysis and determination of the cause of fan Hongchang’s death; Fan Hongchang went to the construction site to work normally within two or three days after being hit on the head by a falling object on the construction site, without any uncomfortable feeling and reaction; The judicial expertise did not clearly distinguish and identify the responsibility for fan Hongchang’s death caused by the previous and subsequent injuries, which was contrary to the procedural provisions of judicial expertise.
If a construction enterprise has handled accident insurance for employees engaged in dangerous work, it does not exempt the enterprise from the legal obligation to pay industrial injury insurance premiums for employees.
The court was requested to re identify the cause of fan Hongchang’s death and the division of responsibility for the previous and subsequent injuries.
(hereinafter referred to as Xianglong company) and Huang Zhengbing.
The litigation costs shall be borne by Xianglong company and Huang Zhengbing.
In order to safeguard its legitimate rights and interests, the plaintiff filed a lawsuit to the court in accordance with the law and requested a judgment according to law: 1 Xianglong company and Huang Zhengbing were ordered to jointly compensate for the losses of fanzhongxing, yulanping, gaojuan medical expenses, death compensation, funeral expenses, living expenses of the dependants, and body storage expenses (as of June 3, 2019) totalling 1065987.73 yuan; 2.
Shandong defuwei law firm ● click the blue word to pay attention to us ● Yu Yi, the chief lawyer of the firm ● gist of the judgment: according to Article 48 of the construction law of the people’s Republic of China, paying work-related injury insurance premiums for employees to participate in work-related injury insurance is a legal obligation that construction enterprises must fulfill, Handling accident insurance and paying insurance premium for employees engaged in dangerous operations is an advocacy requirement.
Order Xianglong company and Huang Zhengbing to pay the body storage fee at the standard of 100 yuan / day from June 4, 2019 to the effective date of the judgment; 3.
3278 Name: Fan Zhongxing, Yu Lanping, Gao Juan v.
At noon on October 6, 2018, fan Hongchang fell down while riding a battery car to the hospital accompanied by his wife due to aggravation of dizziness.
on October 3, 2018, fan Hongchang was hit on his head by a square material during construction on the construction site, and his helmet was smashed, resulting in head injury.
Legal representative: Xie Lianming, executive director of the company.
Fan Hongchang died the next day due to ineffective rescue.
Fan Hongchang was still working on the construction site that morning.
Shanghai Xianglong Yuji construction and Development Co., Ltd.
As an applicant, a construction enterprise insures group accident insurance for workers, and the beneficiaries of the insurance can only be workers or their close relatives.
The Institute issued an expert opinion on December 18, 2018, which determined that fan Hongchang’s death was due to severe craniocerebral trauma and chest trauma.
When he was sent to Qidong people’s Hospital in emergency, he was in a deep coma.
The main reason should be multiple injuries caused by single vehicle accidents.
Plaintiff: Yu Lanping, female, born on February 18, 1954, Han nationality, living in Qidong City, Jiangsu Province.
Full text: Source: Bulletin of the Supreme People’s Court of the people’s Republic of China, No.
10, 2021 case No.: Jiangsu Nantong intermediate people’s Court (2019) Su 06 min Zhong No.
From the scene of the single car accident, his speed is very fast.
At 4:00 p.m.
After fan Hongchang was injured, the two defendants failed to send him to a medical institution for examination and treatment in time.
On October 9, 2018, Qidong Public Security Bureau entrusted Suzhou Tongji judicial expertise Institute to identify the cause of fan Hongchang’s death.
The plaintiffs fan Zhongxing, Yu Lanping and Gao Juan brought a lawsuit to the people’s Court of Qidong City, Jiangsu Province for a dispute over the liability of victims of providing labor services with the defendants Shanghai Xianglong Yuji construction and Development Co., Ltd.
Xianglong company, knowing that Huang Zhengbing had no corresponding qualification, contracted the project and should be jointly and severally liable according to law.
According to Article 39 of the insurance law of the people’s Republic of China, the applicant shall apply for life insurance for the workers who have labor relations with him, and shall not designate anyone other than the insured and his close relatives as the beneficiary.
According to the existing evidence, the only cause of fan Hongchang’s death can be a single car traffic accident.
Qidong people’s court found in the first instance that from February to October 2018, fan Hongchang was employed by the defendant Huang Zhengbing with a salary of 180 yuan / day..
Defendant: Huang Zhengbing, male, born on January 13, 1964, Han nationality, lives in Qidong City, Jiangsu Province.
located in Haizhou Road, Qidong high tech Industrial Development Zone, subcontracted the project to the defendant Huang Zhengbing, and fan Hongchang (the deceased) was employed by Huang Zhengbing as a carpenter.
Plaintiff: Fan Zhongxing, male, born on January 13, 1933, Han nationality, living in Qidong City, Jiangsu Province.
Fan Hongchang usually likes drinking.
The plaintiff believed that there was an employment relationship between fan Hongchang and Huang Zhengbing, and the employer should be liable for compensation if the employee died due to a safety accident while engaging in employment activities.
To say the least, even if there is a causal relationship between fan Hongchang’s death and his injury caused by falling objects on the construction site, it is also secondary.
and Huang Zhengbing.
Plaintiff: Gao Juan, female, born on October 14, 1981, Han nationality, living in Nantong City, Jiangsu Province.
Defendant: Shanghai Xianglong Yuji Construction Development Co., Ltd., domicile: Tianyaoqiao South Road, Shanghai.
Therefore, the expert opinion issued by Suzhou Tongji judicial expertise could not be used as the basis for the plaintiff to claim the defendant’s liability for compensation.
The plaintiffs fan Zhongxing, Yu Lanping and Gao Juan claimed that in February 2018, the defendant Xianglong company contracted the office building and workshop construction project of Jiangsu Wodi Biotechnology Co., Ltd.
