Gu, who was injured at the construction site, sued his employer to the court and demanded that the employer compensate him for the loss of more than RMB 120,000. Recently, Changzhou Jintan District People's Court made a judgment that due to the fact that no helmet was worn at the time of the incident and Gu was responsible for his own injuries, the court ruled that the employer Zhou was responsible for 60% of the compensation and Master Gu won 51,000. Yu Yuan.
In September 2015, the individual boss Zhou employed a non-wailing wager to repair the door pier service. On September 20th of the same year, due to the cracks on both sides of the pier, it was necessary to change the tiles and build them again. The master stood on a 1.2-meter section of the scaffold that Zhou had rented and took the old tiles from the top 3.5 meters above the pier. Hand the old tile to other people standing on the ground. When Gu Gufu started to take the old tile, the helmet on his head fell to the ground. At that time, he felt it was more troublesome to wear a hard hat and take the tile. He did not continue to wear a helmet but handed the helmet to the ground. Other people. When he took the 7th and 8th old tiles, the roof tiles and walls fell down and fell on the plaintiff's head. The plaintiff fell to the ground and was injured. After the plaintiff was sent to the hospital for hospitalization, he was diagnosed with: left frontal lobe brain contusion with hematoma, right frontal lobe, left temporal lobe brain contusion, left frontotemporal subdural hematoma, traumatic subarachnoid Hemorrhage, right occipital bone fracture and other injuries, in April 2016, Gumou was admitted to hospital again. Gumou spent a total of 7 million yuan for treatment.
The People's Court of Jintan District, Changzhou City, held that in the trial, if an individual forms a labor relationship between the individuals, and one of the labor services providers suffers damage due to the labor, he shall bear the corresponding liabilities according to the respective faults of the parties. Master Gu provided services for Zhou and engaged in labor services. Zhou should be responsible for safety attention and labor protection for his professional activities. Zhou did not seriously examine the qualifications of Master Gu, resulting in plaintiffs without Waxing Qualification Certificates engaged in the relevant tile masonry, and in the case of cracks on both sides of the pier, with a certain degree of danger, in the Gu Master to remove the safety After the cap operation, it was not timely stopped at the scene, resulting in the occurrence of damage, there is an error, and compensation for the damage of the Gu Master is liable. Master Gu did not obtain a Wages Certificate and was engaged in tile labor. He was not fully aware of the risk of partial cracking of the pier, and he was not wearing the helmet because he was in trouble. He did not take the necessary precautionary measures. He also had certain damages. The fault should be reduced Zhou's liability accordingly. According to the actual situation of the case, Zhou and Gu should bear 60% and 40% respectively. The court made the above judgment after ascertaining the losses.
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