If the laborer is employed by the contractor in engineering construction, and the two sides have not established labor relations, then the injury of the laborer does not constitute a work-related injury, but the contractor may be required to bear the liability for compensation. If the contractor is not responsible, he can sue the contractor.
People's Republic of China (PRC) Civil Code
Article 179 If personal injury is caused by infringement on others, compensation shall be paid for medical expenses, nursing expenses, transportation expenses, nutrition expenses, food subsidies for hospitalization, income reduced due to absenteeism and other reasonable expenses for treatment and rehabilitation. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
Article 1 192 If a labor relationship is formed between individuals who have tort liability in labor relations, and the party providing labor services causes damage to others due to labor services, the party receiving labor services shall bear tort liability. After assuming the tort liability, the party receiving the labor service may claim compensation from the party providing the labor service with intentional or gross negligence. If the party providing labor services suffers damage due to labor services, it shall bear corresponding responsibilities according to the respective faults of both parties.
During the period of providing labor services, if the behavior of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability and the party receiving labor services to compensate. After receiving compensation, the laborer may claim compensation from a third party.
Second, the constitutive elements of personal injury liability in construction accidents
1, the accident must have happened during the construction. The construction of a project generally includes a series of processes such as survey, design and construction. As a part of the whole building activity, the construction process mainly includes construction and installation. Construction refers to the behavior of building all kinds of houses. Installation mainly refers to the assembly and large-scale decoration activities of lines, pipelines and equipment related to the project. Personal injury or death only occurs in the process of building installation, which constitutes the liability for compensation for construction accidents. If it is not in the process of construction, such as personal injury and property loss caused by collapse after project completion and acceptance, it does not belong to the scope of construction accidents.
2, the accident must occur in the construction work area. The working area here should be understood in a broad sense, that is, the area that must be reached because of the needs of construction activities such as construction and installation, including the construction site, the handling method of building materials, and the disassembly method of transportation machinery and equipment.
3. The accident victims should be the constructors and other staff members of the construction project. Including workers, employees, assistants, apprentices, etc. For construction enterprises or other organizations, its fundamental feature is to become a member of enterprises or organizations and provide personal services for engineering construction and installation.
4, accident victims must have damage facts. The determination of civil liability for compensation should follow the principle of "no damage, no compensation", that is, based on the existence of damage facts. The liability for compensation for construction accidents must also be based on the fact that the victim has damage.
5. There is a causal relationship between the harmful behavior of workers and related objects and the damage facts of victims. What needs to be clear is that only the behavior of the operator is necessary and necessary for work, which constitutes a construction accident.
According to the above analysis, according to the provisions of the Civil Code, the laborer is employed by the contractor and the two parties establish an employment relationship. If work-related injuries do not constitute work-related injuries, the contractor shall be liable for compensation. If the contractor is not responsible, he can sue the contractor.