If the employee does not sign the labor contract, how to protect his rights after the accident, and how much compensation can he get?
What happened
Xiao Tao, a part-time bicycle coach in the gym, accidentally fell while teaching and fractured his left wrist, constituting a grade 10 disability.
Who will pay and how much?
1) The labor relationship between Xiaotao and the gym is constituted. Gyms should provide safe places for workers and take safety precautions.
In this accident, the bicycle room was dimly lit and equipped with a platform above the ground for teaching, but there were no anti-skid and anti-collision facilities on the platform and around it, which was a potential safety hazard. Xiao Tao fell and injured himself during a lecture.
Therefore, the gym bears 60% of the liability, about 1250,000 yuan.
2) Xiao Tao should have a duty of care for his own safety, he has worked in the gym for 4 years, and should be aware of the risks in the workplace.
Therefore, Xiao Tao bears 40% of the responsibility.
The same case has different results
Xiao Liu is a basketball coach of a club and suffered a ligament injury while participating in the club's basketball coaching game.
A labor relationship was formed between Xiao Liu and the club. If Xiao Liu is injured in the process of providing labor services, the club, as the recipient of labor services, shall bear the corresponding civil liability for compensation.
Therefore, the club bears 90% of the liability.
Xiao Liu was negligent in the competition, failed to fulfill his duty of safety care, and was also at fault.
Therefore, Xiao Liu bears 10% of the responsibility.
But for the same accident, the compensation is very different!
Xiao Liu's basketball club purchased liability insurance in advance!The special agreement of the policy states that the accident that occurs in the course of the teacher's Xi make-up Xi is covered by this insurance policy.
The basketball teaching game can be seen as an extension of the teaching task and teaching location, and the accident injury suffered by Xiao Liu is considered to have occurred in the process of making up Xi Xi class.
Therefore, the insurance company shall compensate Xiao Liu's losses within the liability limit, and the insufficient part shall be compensated by the club according to the proportion of liability. After the insurance company compensated the club for 370,000 yuan, and the part exceeding the liability limit shall be borne by the club110,000 yuan.
First of all, coaches are also exposed to safety risks during their work.
However, according to the conventional handling method, the employee's accident should be compensated by the work-related injury insurance. But here, we don't see workers' compensation insurance.
Why?In both cases, the determination of liability referred to "the establishment of an employment relationship between the coach and the institution". Note that it is "labor relations" and not "labor relations"!
If it is an employment relationship, it means that there is no labor contract, which means that there is no work-related injury insurance, and the two parties bear the corresponding liability according to the degree of fault, so there is a division of compensation liability in the two cases.
In the case of an employment relationship, if it constitutes a work-related injury, compensation shall be claimed in accordance with the work-related injury procedures and work-related injury insurance benefits.
However, in order to make up for the gap in work-related injury insurance, the employer's liability insurance in commercial insurance can provide protection for employees without labor contracts and related institutions, so the two cases are "different from each other".
That's all for today, and everyone is welcome to leave a message below.