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How can a volunteer helper get injured?

Release Date:2019-02-19    Source:admin
At noon on October 3, 2010, Wang Jingtao, Tian Chaoqi, Luo Zikai and Liu Xiaoyu, who lived in a certain district in Qiongshan District, Haikou City, Hainan Province, were aging due to the shared sewer pipe, and entrusted the residents living in the building to pay for the repair of Zhang Luo. Employment security Wang Zhong repair.

  During the replacement process, due to the rain, Wang Zhong slipped his soles and trampled the water pipes of the adjacent corridors. At this point, Fu Qing’s friend Lin Hua was passing by and was called to help. Unexpectedly, Lin Hua accidentally cut his left hand when using the cutting machine.

  Lin Hua, who was injured, was taken to hospital for treatment. After identification, Lin Hua's left hand injury was a five-level disability.

  After the negotiations, Fu Qing, Wang Jingtao, Tian Chaoqi, Luo Zikai, and Liu Xiaoyu paid Lin Hua 7500 yuan.

  Lin Hua believes that after repairing the pipeline, paying for the payment of the clearance, and paying a certain amount of disability compensation. As the claim was unsuccessful, Lin Hua will pay the bill and the lawsuit.

  However, in court trials, Fu Qing and others did not believe that Lin Hua was hired by them, nor did they form a voluntary helper relationship.

  In addition, Wang Jingtao also believes that they did not know about paying for Lin Hua to repair the water pipes. Therefore, Lin Hua was injured and had no legal relationship with them and should not be liable for compensation.

  In this regard, Haikou City Qiongshan District Court found in the first instance that Lin Hua and Fu Qing and others formed a compulsory job relationship. Fu Qing was entrusted by Wang Jingtao, and his behavior should represent four people. The legal consequences should be borne by four people. . When Lin Hua was working, he did not exercise reasonable and cautious duty of care during the operation of the cutting machine. He cut his left hand and was at fault. According to Article 14 of the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: “When a worker is physically injured as a result of helping a worker, the worker shall be liable for compensation. If the worker is explicitly refused to help the worker, he will not be liable for compensation; however, he may be properly compensated within the scope of the benefit. At the discretion, Lin Hua shall bear 70% responsibility. Wang Jingtao, Tian Chaoqi, Luo Zikai, Liu Xiaotong and Fu Qing jointly compensated Linhua medical expenses, hospital food subsidies, lost time and disability compensation for 30%, totaling more than 52,000 yuan.

  (The parties in the article are all pseudonyms)