What responsibility should the employer bear if the carpenter is injured while working for the employer?

It depends on the relationship between employers and employees. If the employer and the laborer have a simple employment relationship, then the employer employs a carpenter to work, and the carpenter is injured in the work, and the employer shall be liable for compensation. However, if the employee carpenter has a contractual relationship with the employer, then the employer is the ordering party. If an employee is injured, the employer will not be responsible for the carpenter's injury.

Legal analysis

To put it simply, the employment relationship means that workers engage in production and business activities or other labor activities within a certain or uncertain period of time within the scope arranged or instructed by the employer. If an employee suffers personal injury in employment activities, then the employer should be liable for compensation. However, the personal injury of employees is caused by a third person other than the employment relationship, and the injured employees may request the third person to bear the liability for compensation or the employer to bear the liability for compensation. Then, after the employer assumes the liability for compensation, it can recover from the third party. Contract relationship refers to the rights and obligations of the contractor to complete the work and deliver the work results according to the requirements specified by the ordering party, and the ordering party pays the remuneration. If the contractor is injured during the completion of the work, the ordering party shall not be liable for compensation. However, if the ordering party is at fault in guiding the work, it shall bear the corresponding liability for compensation. Because the relationship between the contractor and the ordering party is contractual, there is no tort relationship, and the principle of imputation of tort liability stipulated by relevant laws is not applicable to the contractual relationship.

legal ground

People's Republic of China (PRC) Civil Code

Article 1 192 If a labor relationship is formed between individuals, and the party providing labor services causes damage to others, 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.

Article 119 Where the hiree completed the work and caused damage to a third person or himself, the hirer shall not bear tort liability. However, if the ordering party is at fault in ordering, instructing or selecting, it shall bear corresponding responsibilities.