All migrant workers and management personnel of the Project Department eat in the canteen, and the daily activities of workers including Kou, such as work, rest and dining, are not separated from the scope of the construction site of the Project Department.
Thirdly, from the perspective of form, combined with the facts found in this case, Kou had a labor relationship with the construction company at the time of the accident, and Kou’s behavior of going to the canteen after work was intrinsically linked with the performance of labor activities.
December 4, 2019.
For the osteoporosis of the right flexor bone, 4376.95 yuan was paid for medical expenses (because Kou is a rural low-income person, the medical expenses will be reimbursed by medical insurance).
Now, 66.5% of the movement function of the right wrist joint was lost, and the degree of disability was assessed as Grade 9; 2.
construction company’s liability for injury [basic information of the case] 1.
The above medical expenses totaled 960.46 yuan.
On August 28, 2020, Kou Mou applied to the Judicial Expertise Institute for authentication.
The construction company opens a canteen at the project site, and all migrant workers and managers can have meals in the canteen with cards.
As a construction company, it should also fulfill its security obligations within the reasonable range of its canteen activities.
The follow-up treatment fee is 2000 yuan; 3.
of the judgment is Hubei Shennongjia Forest District People’s Court (2020) E902l Civil Judgment No.
After returning home from the construction site of the project department, in December 2019, Kou Mou felt unwell at the injured part and went to the hospital for reexamination and re-diagnosis.
The No.
After the hospital X-ray examination, the preliminary diagnosis was: right wrist injury; For the fracture of the distal end of the right burned bone, the right wrist was treated with plaster fixation, and it was suggested that the patient should go to the superior hospital for treatment.
The reexamination fee was 686.66 yuan.
Kou was introduced to the project site as a miscellaneous worker.
The X-ray examination showed that the fracture of the distal end of the right flexure was fixed with plaster for 40+days.
The cause of the case: dispute over the liability for injury of the labor provider 3.
After the injury, the project leader of the construction company immediately arranged the materialman of the project department, Chen, to send Kou to the hospital for treatment.
It was suggested that regular re-examination should be carried out, for which medical expenses of 153 yuan should be paid.
On June 18, 2020, because the condition of the injured part became worse, Kou went to the hospital for treatment.
Kou went to the canteen at the construction site after work, and fell down accidentally due to the slippery and icy road at the entrance of the canteen, resulting in Kou’s right hand injury.
In April 2020, Kou went to the hospital for re-examination and paid 120.8 yuan for medical expenses.
In the greening and landscape engineering team, he was mainly engaged in land leveling, cleaning and other labor services.
He was hospitalized for 13 days and was diagnosed as follows: 1.
Although it is not strictly the working time, as mentioned in the first point, Kou’s working, eating, resting and other behaviors occurred in a relatively closed range, and there was confusion and continuity in time.
The re-examination showed that the broken end was well restored and the fracture line was blurred.
As a person with full capacity for civil conduct, Kou, due to his carelessness, failed to perform his reasonable duty of care when eating in the canteen on the construction site, and fell down and was injured accidentally, so he should bear certain fault.
120 days of lost work days, 60 days of nursing time limit and 60 days of nutrition time limit, for which 2200 yuan of appraisal fee was paid The focus of the case is whether Kou suffered personal injury in “engaging in employment activities” when he fell while eating in the canteen on the construction site The People’s Court of Shennongjia Forest District, Hubei Province held that the second paragraph of Article 9 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in Hearing Personal Injury Compensation Cases stipulates that the “engaging 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.
In this case, first, from the point of location, the canteen where Kou ate belongs to the project department of the construction company and is located in the project site of the construction company, belonging to a relatively closed range.
Kou Mou’s injury caused a comminuted fracture of the distal end of the right flexure, and the fracture line involved the articular surface.
The authentication opinion was as follows: 1.
On January 19, 2020, because of the discomfort of the injured part, Kou Mousui went to the hospital for an examination.
Second, from the perspective of time, Kou was injured when eating in the canteen after work.
Fourth, the canteen on the site of this case was opened by the project department of the construction company.
The road at the entrance of the canteen was frozen, and Kou fell down and was injured when he was queuing for a meal.
The Judicial Expertise Institute issued the Judicial Expertise Opinion.
Comprehensive judgment of “engaging in employment activities” – Kou Mou v.
His monthly salary was 3600 yuan, which was paid by the construction company directly from the company’s account to the workers.
adhesive shoulder cystitis; 2.
On August 9, 2019, Mr.
424 2.
To sum up, Kou’s behavior of eating in the canteen on the construction site should be recognized as “engaging in employment activities” which is intrinsically related to the performance of his duties.
To sum up, the court comprehensively considered the fault degree of the parties, the damage consequences and the cause of the damage consequences, and decided that the construction company should bear 50% of the responsibility in this case according to law, and Kou should bear 50% of the responsibility.
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If an employee’s behavior exceeds the scope of authorization, but its manifestation is the performance of his or her duties or is intrinsically related to the performance of his or her duties, it shall be recognized as “engaging in employment activities”.
In July, 2000, Kou went to the project department of the construction company to negotiate the compensation, but no agreement was reached.
The plaintiff: Kou Mou defendant: construction company [basic case] 2019, A construction company contracts a project, including the main building works, landscaping works and decoration works.
