【Accident】Waisted Workers Get 40% Off Without a Hard Hat

Because it was too much trouble, the tile master Gu started to change tiles without wearing a helmet. As a result, the tiles and walls on the broken piers fell down and fell down. Master Gu reported the employer to the court and asked for compensation. However, due to the fact that the guardian did not wear a safety helmet at the time of the incident, he was also responsible for his own injuries. Recently, the Jintan Court ruled that employers should bear 60% of the compensation, and Master Gu won 51,000 yuan.

On September 20, 2015, Master Gu was hired by his boss, Zhou, to repair the pier. Due to the cracks in the gate pier, it was necessary to change the tile and build it again. The master stood on the scaffold and took the old tiles from the top of the pier, and handed it to the workers standing on the ground. When he took the tiles, he accidentally dropped the helmet on the head of the master. At that time, he felt that wearing a hard hat to take tiles and taking tiles was more complicated and he did not wear them again. Not long afterwards, because of years of disrepair, the tiles and walls above the pier collapsed and fell on Gu's head. Afterwards, Master Gu was sent to the hospital for treatment and was diagnosed with multiple contusions, fractures, and hematoma. Last year, Master Gu was admitted to the hospital again. He was hospitalized twice before and after, spending a total of 70,000 yuan on medical expenses.

Jintan Court held that when Gu was providing labor service for Zhou, in the process of labor service, Zhou had the responsibility of safety attention and labor protection for Gu’s professional activities. Zhou did not seriously examine the qualifications of Master Gu, resulting in a non-wailing wage certificate he engaged in the relevant tile masonry, and did not promptly stop at the scene after the master took off the helmet, resulting in damage, should bear the compensation responsibility. At the same time, Master Gu did not obtain a Wages Certificate and engaged in tile labor services. He did not fully understand the dangers of partially cracked piers. He did not wear them because he was in trouble after the safety helmet was dropped, and he did not take the necessary precautions. There is also some fault in the occurrence.

According to the actual situation, the court decided that the responsibilities of Zhou and Gu should be 60% and 40% respectively.