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How to compensate for the crane apprentice's injury?
Legal relationship between crane apprentices and employers. Generally speaking, if the crane apprentices are employed by the employer and work according to the employer's command, management and supervision, then there is an employment relationship between them. If the crane apprentice signs a contract with the employer to complete the work and deliver the work results according to his own wishes and methods, then there is a contractual relationship between them. These two relations have different influences on the division of liability for compensation.
Fault liability of crane apprentice. If the crane apprentice fails to fulfill his duty of safety care in the course of work, or violates the operating rules, resulting in his own injury, he should bear the corresponding fault liability, and appropriately reduce the compensation liability of the employer or contractor according to the degree of fault.
Responsibility of crane driver and crane owner. If the crane driver accidentally causes injuries to others during crane operation, the employer, the contractor or the third party shall bear the main liability for compensation. If the crane driver is not the owner of the crane, then the owner of the crane should also bear the corresponding joint and several liabilities, unless he can prove that he is not at fault.
Liability of insurance company. If the crane driver or crane owner has handled compulsory insurance and commercial insurance for the crane, the insurance company shall bear the corresponding insurance liability within the insurance scope. According to the Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents, if a special vehicle has a liability accident during operation, the insurance company can make compensation in advance within the compulsory insurance limit according to the regulations, and the excess shall be borne by the commercial insurance and the parties in proportion to the liability.
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