How to claim compensation for victims of labor service providers

In civil activities, whether it is engineering construction or decoration, all industries cannot do without labor. The meaning of the Labor Contract Law is that workers provide a large amount of labor force for this purpose. In addition, labor services as a means of labor supply are also widely present in our daily lives. We know that the legitimate rights and interests of workers under the Labor Contract Law have been regulated by laws and regulations such as the Labor Contract Law and the Work Injury Insurance Regulations. So, how does the existing law protect the rights of labor providers if they are harmed at work? Let's analyze from a real case handled by our lawyer.

Case

Principal A is a migrant worker. A saw a job advertisement posted by B in their WeChat group, with the workplace located at Company C. B is both a publisher and an employer of labor services. The remuneration for labor services shall be directly distributed by B. A and B agree on labor remuneration and work at the agreed location according to the agreed time. One day, A fell from a height while providing labor and broke his leg. So who should A claim compensation from and how should the compensation liability be divided?

Legal Analysis

Firstly, from the perspective of legal relations, A is the provider of labor services, B is the recipient of labor services, and A and B have a labor contract relationship. B undertakes the project of C company, and B and C company have a contractual relationship. A and C companies have no direct relationship.
Secondly, based on the analysis of the basis of the right to request, A was injured during the provision of labor services. If A claims liability for infringement compensation, it is necessary to provide evidence to prove the consequences of the damage, the infringement behavior, and the causal relationship between the consequences of the damage and the infringement behavior. If it can be proven that B is at fault in this case, then A can claim infringement liability against B.
So C company, which has no direct relationship with A, has no responsibility at all? The answer is not necessarily. If Company C is at fault in its actions, instructions, or selection, or if there is any other fault behavior that has a causal relationship with the damage consequences of Company A, Company A may also claim tort liability against Company C.

Lawyer's Summary

Based on the above analysis, it can be seen that A claims a heavier burden of proof for infringement liability. Can they not claim infringement liability? Under certain conditions, A may not claim liability for infringement and may claim work-related injury insurance benefits from C. Especially in the field of construction engineering, if the contracting party contracts the project to an organization or individual without the corresponding qualifications, and the workers hired by the organization or individual are injured, the workers can directly claim work-related injury liability from the contracting party. The workers claim that their work-related injury liability can be fully compensated without having to bear responsibility according to the magnitude of their fault.

Legal Basis

Article 1192 of the Civil Code: "If the party providing the service suffers damage due to the service, they shall bear corresponding responsibilities based on their respective faults
Article 1193 of the Civil Code: "However, if the person who made the order, instructed or appointed it is at fault, they shall bear corresponding responsibilities
Article 3, Paragraph 1 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work Injury Insurance" (Interpretation [2014] No. 9): If an employing unit violates laws and regulations by subcontracting its contracted business to an organization or natural person who does not have the qualifications of an employing entity, and the employees hired by the organization or natural person are injured or killed on the job while engaged in contracted business, the employing unit shall be the unit responsible for the work injury insurance.

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