Part-time worker Zhang San had a dispute over compensation for injuries sustained at work with a company in Shanghai.
Case history: On the morning of March 30, 2019, an employee of a company, XX **, contacted Zhang San and informed him that he needed help due to the delivery of the community, but no specific work was arranged. At 7:30 a.m. on the same day, after Zhang San arrived at Vanke Community, he assisted two other employees of a company to clean up the garbage in the garage, and when the garbage cans were transported from the underground garage to the ground by tricycle, there were two stacks of garbage cans stacked in the tricycle compartment, with a height of about two meters, and there were no fixed measures. When the tricycle drove to the barrier, the garbage can was knocked down by the door, and Zhang San was injured when he fell to the ground. It was determined that it constituted a Grade 9 disability. A company is not willing to pay a penny.
Lawyer's opinion: Zhang San is a personHumanIf a company that is a legal person is injured in the course of engaging in labor activities arranged by a company as a legal person, and there is no evidence to prove that Zhang San was intentional or grossly negligent, the company shall bear full liability for compensation. With regard to the company's argument that it had explicitly rejected Zhang San's assistance, there was a lack of relevant evidence, and there was no clear measures to prevent throwing and dripping and corresponding equipment during the garbage shipment. In this case, it is normal for the personnel to help in the compartment, and the tricycle driver did not control the speed of the vehicle and did not pay attention to the height limit when leaving the basement, so the accident involved in the case was caused. Even if Zhang San was at fault for the accident, it was still a slight fault, and the liability of a company could not be reduced on this basis.
Judgment result: The first-instance judgment ruled that a company should bear full responsibility and compensate Zhang San for various losses totaling 255,64023 yuan. The first-instance judgment was upheld in the second instance.