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Who will bear the responsibility for the accident in the construction process? What is the legal basis?
The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 9 Where a laborer causes damage to others in employment activities, the employing unit shall be liable for compensation; Workers who cause damage to others due to intentional or gross negligence shall be jointly and severally liable for compensation with the employer. If the employer is jointly and severally liable for compensation, it may claim compensation from the laborer.
Engaged in employment activities mentioned in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. The employee's behavior is beyond the scope of authorization, but its manifestation is or is intrinsically related to the performance of duties, which should be considered as "engaging in employment activities".
Expand the recourse of data employees;
The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 11 Where a laborer suffers personal injury in employment activities, the employing unit shall be liable for compensation. If a third person other than the employment relationship causes personal injury to the laborer, the right holder of compensation may request the third person to bear the liability for compensation or the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it may claim compensation from a third party.
If employees suffer personal injury due to production safety accidents in their business activities, and the employing unit or subcontracting unit knows or should know that the employing unit that accepts the contract or subcontracting business does not have the corresponding qualifications or conditions for production safety, it shall be jointly and severally liable for compensation with the employing unit. The provisions of this article do not apply to the labor relations and the scope of industrial injury insurance adjusted by the Regulations on Industrial Injury Insurance.
Article 12 If a worker of an employer who should participate in the overall planning of industrial injury insurance according to law suffers personal injury due to an industrial accident, and the worker or his near relatives bring a lawsuit to the people's court, requesting the employer to bear the civil liability for compensation, they shall be informed to handle it in accordance with the provisions of the Regulations on Industrial Injury Insurance.
The people's court should support the claim that the personal injury of workers was caused by a third party other than the employer.
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