In 2018, the Ministry of Human Resources and Social Security, the Ministry of Transport and other six departments issued the Notice on Participating in the Work Injury Insurance for Railway, Highway, Water Transport, Water Conservancy, Energy and Airport Engineering Projects, and increased efforts to include migrant workers who are employed in various engineering construction projects into the work injury insurance protection.
The Confirmation of Road Traffic Accidents confirms that the driver Wei Mou bears the main responsibility for the accident.
A construction service company is a registered and compliant enterprise with the qualification of employment subject; Wu is a natural person who does not have the qualification of employment subject; Yu, a worker recruited by Wu, engaged in bricklaying work at the two construction sites.
Inspiration and thinking in the field of engineering construction, various subcontracting situations are common.
In 2014, the Ministry of Human Resources and Social Security and other four departments issued the Opinions on Further Improving the Work Injury Insurance Work in the Construction Industry, specifying that the relevant industries such as transportation, railway and water conservancy should be implemented by reference.
However, no matter how the form changes, the industrial injury insurance liability that should be borne cannot be avoided at all.
A construction service company refused to accept the industrial injury determination decision, which was upheld by the court of second instance on August 19, 2021.
If the employee recruited by the organization or natural person suffers from accident injury, and the employee applies for the identification of industrial injury, the employer with the qualification of the employment subject shall bear the liability for industrial injury insurance that the employer should bear according to law, The social insurance administrative department may take the employer with the qualification of the main body of employment as the employer to make a decision on the determination of industrial injury according to regulations.
Article 36 of the Measures of Jiangsu Province for the Implementation of the Employment Injury Insurance Regulations stipulates that the employer with the qualification of the employment subject shall contract the project or business right to an organization or natural person without the qualification of the employment subject.
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If the source label is incorrect or infringes your rights, please inform us and we will delete it immediately! Lawyer Profile Lawyer Jiang Zhiyong, graduated from Northwest University of Political Science and Law, is a registered practicing lawyer of the People’s Republic of China, a member of the China Lawyers Association, and a senior partner of Shaanxi Guancang Law Firm.
According to the requirements of the notice, all kinds of engineering construction projects shall submit the certificate of the general contractor of the construction project or the contract contractor of the project section to the industry competent department or the regulatory department for the participation of the industrial injury insurance before going through the relevant formalities and entering the construction site.
In line with the practice principle of “being entrusted by others and loyal to others”, lawyer Jiang Zhiyong adheres to the practice concept of “building brand with ability, conducting the world with integrity”, focuses on details, and protects the legal rights and interests of the parties to the maximum extent within the scope permitted by law, and has won a good reputation in the industry.
He has in-depth research and rich experience in handling cases in the fields of legal counsel, contract disputes, traffic accidents, work-related injuries, and criminal defense, and provides thoughtful and high-quality legal services for the parties.
Yu has no labor relationship with a construction service company.
About the case at 3:00 on September 2, 2018, a construction service company arranged a vehicle to send several construction workers such as Yu from a construction site in Nanjing to a construction site in Suzhou.
Comments After investigation and verification, this case found that a construction service company undertook the concrete works of Nanjing Lishui and Suzhou Wujiang construction site projects, and subcontracted some of them to the natural person Wu.
Is the injury caused by a traffic accident recognized as an industrial injury? The conclusion of the case is that Yu was injured and died in accordance with Article 14 (5) of the Regulations on Industrial Injury Insurance and Article 36 of the Measures of Jiangsu Province for the Implementation of the Regulations on Industrial Injury Insurance, which should be recognized as industrial injury.
Source: Wuxi Municipal Human Resources and Social Security Bureau, Jiangsu Province For more legal advice, please call Lawyer Jiang Zhiyong Tel: 13891308523 [Copyright Notice]: where this official account is marked with “source” or “transferred from” The copyright of the article belongs to the original author and the original source.
On July 30, 2019, Yu’s family filed a lawsuit to confirm that Yu had a factual labor relationship with a construction service company when a traffic accident occurred.
It should be pointed out that the construction enterprises participating in work-related injury insurance according to the project are aimed at the workers who cannot participate in work-related injury insurance according to the employer, especially the migrant workers who are employed for a short time; Relatively fixed employees of construction enterprises should still participate in industrial injury insurance according to the employer.
On September 2, 2018, Yu was injured in a traffic accident on the way back from the Lishui construction site in Nanjing to the Wujiang construction site in Suzhou, and then died of intracranial injury on December 7, 2019.
In combination with the above circumstances and legal provisions, the injury caused by traffic accident to Yu shall be recognized as industrial injury, and the liability for industrial injury insurance shall be borne by a construction service company.
Yu was injured and died on December 7, 2019.
The focus of the dispute is that Mr.
The court dismissed the claim after hearing.
A traffic accident occurred on the way.
Article 14 (5) of the Regulations on Industrial Injury Insurance stipulates that an employee who is injured due to work or whose whereabouts are unknown due to an accident during his/her absence from work shall be identified as an industrial injury.
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On April 22, 2020, Yu’s family applied to the local social insurance administrative department for the identification of work-related injury, requiring that the traffic accident injury suffered by Yu be confirmed as work-related injury.
