What responsibility should the porter bear if he is injured?

It depends. If the porter is not at fault, the employer shall be liable for compensation; If the porter is at fault, both parties should bear corresponding responsibilities. If a porter causes personal injury due to a production safety accident during handling activities, the employer or subcontractor shall be jointly and severally liable for compensation with the employer knowing that the boss who accepts the contracted or subcontracted business does not have the corresponding qualifications or conditions for production safety.

First, the work-related injury identification standards

(1) Being injured by an accident during working hours and in the workplace;

(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;

(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;

(4) Suffering from occupational diseases;

(five) during the business trip, injured or missing due to work reasons;

(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;

(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

Two, apply for work-related injury identification shall submit the following materials:

(a) the application form for work-related injury identification;

(two) the existence of labor relations with the employer (including factual labor relations);

(3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).

The application form for ascertainment of a work-related injury shall include basic information such as the time, place and cause of the accident and the degree of injury of the employees.

If the materials provided by the applicant for work-related injury identification are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented at one time. The administrative department of social insurance shall accept the corrected materials after the applicant has been informed in writing.

3. Is the treatment of work-related injury insurance for temporary workers the same as that for regular workers?

The treatment of temporary workers is different from that of regular employees. Temporary workers did not sign a contract with the employer, and the company did not buy insurance for them. Temporary workers are also a form of employment in China (there is a factual labor relationship). Without a labor contract, the employer will not help workers to participate in work-related injury insurance, and the compensation and work-related injury benefits when the labor contract is dissolved or terminated shall be borne by the employer. Workers with work-related injuries can apply to the local Human Resources and Social Security Bureau (formerly the Labor and Social Security Bureau) of the employing unit within one year after the work-related injury accident, including the appraisal of working ability and disability. After the results of disability grade appraisal come out, they can negotiate compensation with the employer. If it fails, you can apply to the Labor Dispute Arbitration Committee established by the local Human Resources and Social Security Bureau for arbitration (free of charge), or you can bring a lawsuit to the territorial jurisdiction court for recovery (only 10 yuan is charged for labor dispute litigation), and the amount of compensation for work-related injuries has nothing to do with age.

Legal basis: Article 1 192 of the Civil Code of People's Republic of China (PRC) stipulates the labor relations between individuals. If the party providing labor services causes damage to others, the party receiving labor services shall bear tort liability. After assuming the tort liability, the party receiving the labor service may claim compensation from the party providing the labor service with intentional or gross negligence. If the party providing labor services suffers damage due to labor services, it shall bear corresponding responsibilities according to the respective faults of both parties. During the period of providing labor services, if the behavior of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability and the party receiving labor services to compensate. After receiving compensation, the laborer may claim compensation from a third party.