The family said that the old man was injured in the back kitchen, and the employer said that the court should not be judged without the court?

Recently, Mr. Liu, who was engaged in the catering industry in Zhengzhou, reported to reporters that at the end of February 2021, her daughter Xiao Liu posted information recruitment school restaurant cleaners at the recruitment platform. Wang came to apply.

However, the original interview was finally allowed to be the employer and the applicants. Mr. Liu said that Wang had fallen and injured after the interview, and he should not bear the responsibility. In this regard, the court made a judgment.

Where happened

Posted the recruitment information online, but the interviewer accidentally fell to ask for compensation

Mr. Liu told the top news · Henan Commercial Daily reporter that the incident happened last year. The daughter posted information on the Internet recruitment platform to recruit people. Wang came to interview after seeing the information. After coming over, I found that the restaurant was full, so I arranged for the head of the school to come to the interview to see if it was needed.

After the restaurant supervisor was interviewed, Wang found her own claim that she fell on the road in the back of the restaurant and the road in the middle of the playground. "Her son has sued us to the court and asked us to compensate for medical expenses and work injuries."

"Just let her come over to the interview, and she hasn't decided whether to hire." Mr. Liu's daughter Xiao Liu told the top news · Henan Commercial Daily reporter that she had told her at the time that her restaurant was temporarily full. Essence Xiao Liu said that after Wang fell, Wang and his son Xiao Wang brought himself to court.

Interview supervisor: I did not explicitly indicate the recruit

At that time, the person in charge of the restaurant interviewed said that after receiving information from Xiao Liu, he met with Wang on the path of the playground and restaurant. Because she did not carry ID cards, health certificates and other documents, she was not hired at the time, so she went home to get her document and come back tomorrow.

"The interview ended at more than four o'clock, but after a while, Wang asked me to say that he fell." Xiao Liu said that the school was busy during the start of school, so he arranged his lover to send Wang to the West District Traditional Chinese Medicine Hospital examine.

Xiao Liu provided an inspection report, showing that Wang had no obvious fracture or abnormal situation.

"On the same day, her son took it back." Xiao Liu claimed that Xiao Wang asked Wang to take Wang to go to Zhengzhou Orthopedic Hospital for examination the next day. After inspection, it was found that Wang suffered from severe osteoporosis, compressed fracture of chest 12 vertebrae, lumbar degenerative lesions, and diabetes.

Wang's diagnostic report

The family members of the wounded: I have been in office that day, and I accidentally fell when picking vegetables

Top News · Henan Business Daily reporters contacted Xiao Wang to understand the situation. Xiao Wang said that he had previously said directly, including board and lodging. After the afternoon of March 1, it was arranged directly to the job, and the ID card and health certificate had been carried at the time.

"After sending it to my mother, they said that cleaning is not lacking for the time being, and for the arrangement to the kitchen for help." Xiao Wang said that now he does not want to admit that he is afraid of compensation. He will take the reconciliation agreement in the hospital for us to sign.

When a reporter from the top news · Henan Business Daily asked if he could contact Wang to verify the situation? Xiao Wang said that his mother had returned to his hometown and would not use his mobile phone. If you have any questions, contact the acting lawyer.

The top news · Henan Business Daily reporters contacted Mr. Liu again to verify the situation. Mr. Liu said that he was sent to the hospital out of sympathy and did not propose a reconciliation.

"They think that Wang fell in our back kitchen, and I asked them if they knew where the restaurant was? What kind of proof was our employees?" Prove and the police's police records, the police record was issued by the police for more than 20 days.

Court: Has constituted labor relationship

Whether Mr. Liu and Wangmou constitute a labor relationship and work injury compensation issues to the court to filed a lawsuit in the court. The fault is responsible for the corresponding responsibility.

Wang was injured in the school's restaurant. The company that published a recruitment information had faults and should bear the liability for civil compensation corresponding to the corresponding fault. As a person who has the ability to fully civil behavior, Wang should do his best to pay attention to his own safety, and he should also bear the corresponding civil liability for accidental injuries to accidental falls and injuries.

Court judgment screenshot

The court ruled that Wang was responsible for 30%, and the company assumed 70%of the responsibility.

Liu Hongmin, a lawyer of Lawyer (Zhengzhou) firm in Shanghai Jintiancheng (Zhengzhou), believes that accidents causing injuries during the interview to fail to determine work injuries because there is no labor relationship. The cause of the interview place was injured, which was a dispute over personal damage compensation. (Top News)）

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