After the death of the victim, has Lao Lai's liability for compensation been reduced?

2065438+September 2005, Duan signed a house decoration agreement with the foreman Jiang, who contracted to decorate the house. After passing the inspection, Duan shall settle the expenses as agreed. After Jiang signed a contract with Duan, he recruited workers Jiang and others to work. Jiang accidentally fell while decorating the house and spent more than 5000 yuan in hospital. Jiang found Jiang to ask for compensation. Jiang claimed that Jiang renovated the house for Duan, and Duan should be liable for compensation. Jiang found Duan, and Duan said he had no reason to pay compensation.

Subsequently, Jiang sued Duan and Jiang to the court, claiming compensation for economic losses such as medical expenses, lost time and transportation expenses of 6,500 yuan. After the trial, the court held that Duan and Jiang signed a contract and material decoration agreement, and there was a contractual relationship between Duan and Jiang. After contracting, Jiang hired Jiang and others to come to work, and Jiang and others completed labor activities according to Jiang's instructions. There is an employment relationship between them. After all, the court ruled that Jiang compensated Jiang for a loss of 6,500 yuan.

Liu, a lawyer seeking legal help for Shenyang employees, pointed out that article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates: "If the contractor causes damage to a third party or himself in the process of completing the work, the ordering party shall not be liable for compensation. However, if the ordering party is at fault in ordering, instructing or selecting, it shall bear the corresponding liability for compensation. " Article 1 1 stipulates: "If a worker suffers personal injury in employment activities, the employer 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. " Duan is not at fault for Jiang's injury or for Jiang's contract work. Jiang was accidentally injured at work, and Duan does not have to bear the responsibility.