Which part of the labor dispatch employee should bear compensation?Court judgment joint responsibility

Court: Employers and labor dispatch units shall jointly take responsibility

Yangcheng Evening News reporter Liang Zhengjie and correspondent Mao Liting reported: Do labor dispatch personnel injured due to work, and labor dispatch units need to assume liability for compensation? Recently, the Sanshui Court of Foshan concluded a dispute over the liability for the victims of the workers, and the decision of the labor service company Zuo Mou, a derived labor fee, appraisal fee, disabled compensation, and spiritual soothing money for the injured worker company for the employee company in accordance with the law. A human resources company of the unit is responsible for compensation.

In May 2021, Zuo was dispatched by a human resource company to work at a certain appliance company and served as a machine operator. In June 2021, when Zuo operated the stamping machine, he found that the machine had faulty failure and could not be stamped successfully. It continued to operate with the material fixed with both hands. The right index finger, middle finger and other parts were injured. Afterwards, Zuo was sent to the hospital for hospitalization and was identified by the judicial appraisal agency. The degree of disability was tenth. A total of more than 15,900 yuan in surgical fees, inspection fees, and hospitalization fees for an appliance company. Because Zuo had reached the legal retirement age, he could not apply for work injury determination, and negotiated with a equipment company and a human resource company to compensate for compensation. Then he sued to the court and asked the two defendants to pay the disability compensation, misunderstanding, and mental loss. Tosites a total of more than 170,000 yuan.

The Sanshui Court held that an appliance company, as the actual use of Zuo's labor service and provider of the machine, provided a faulty machine to cause a certain person to damage the left. A certain appliance company had fault and should bear the corresponding infringement liability. When Zuo knew the safety hazards of the machine, Zuo did not follow the operation process to stop and repaired, and continued to operate with the fixed material with his hands. There was a certain mistake. A human resources company, as Zuo's employee, dispatched Zuo Mou to work in an appliance company. The behavior is a labor dispatch behavior. As a labor dispatch unit, the company shall assume liability for compensation with an appliance company of the employer. Considering the cause of the accident, the court determined that Zuo had a 20%responsibility for his own damage. An appliance company and a human resources company assumed 80%of the responsibilities and made the above judgment in accordance with relevant laws and regulations.

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