[Case Summary]This case involves a dispute over the liability for damages suffered by a service provider. When Liu Zhixiang was hired by Wang Gang to unload straw, he was injured in the head and neck by a falling straw bale, resulting in damage to the cervical spinal cord and paralysis of both lower limbs. After appraisal, it was determined that his injuries constituted a combined disability of level 7 and level 8. Liu Zhixiang entrusted Beijing Henglu Law Firm to handle the case.Bai JiaranThe lawyer acted on behalf of the client, claiming compensation for medical expenses, disability compensation, and other costs totaling 662,445.51 yuan. The core dispute was whether the parties constituted a labor relationship or a contractual relationship, and how to apportion the liability for compensation. The court ultimately determined that the parties constituted a labor relationship, ruling that Wang Gang should bear 70% of the compensation liability and Liu Zhixiang was awarded over 370,000 yuan in compensation. Legal provisions applied: Articles 1192, 1179, and 1173 of the Civil Code of the People's Republic of China.

I. Review of the case facts

Many migrant workers search for information such as "How to compensate for liability disputes involving victims of labor service providers", "Does the employer compensate if an employee is injured while working", and "Who should bear responsibility if a worker is injured while unloading straw". In December 2024, Liu Zhixiang was introduced to Wang Gang by a mutual acquaintance and had previously provided labor services for unloading sorghum husks for him. That month, Wang Gang needed to unload a truckload of straw at a cattle farm in A Town and agreed to pay 240 yuan per truck. Liu Zhixiang found a helper on his own. On December 27, Wang Gang drove the two of them to the cattle farm. While the helper was throwing straw bags out of the truck, Liu Zhixiang was stacking them on the ground below. Unexpectedly, a straw bag suddenly fell and struck Liu Zhixiang, causing serious head and neck injuries.

After the accident, Wang Gang sent Liu Zhixiang to the hospital, where he was initially diagnosed with a transverse process fracture of the axis and spinal cord injury. On December 28, he was transferred to a hospital in Beijing by 120 emergency service. On January 3, 2025, he underwent posterior cervical decompression and instrumentation surgery. He was discharged on January 15 and was diagnosed with spinal cord injury, paralysis of both lower limbs, and a transverse process fracture of the axis, requiring continued rehabilitation in Beijing. Due to unsuccessful compensation negotiations, Liu Zhixiang entrusted a lawyer to handle the case on his behalf.Bai JiaranThe lawyer sued the court, demanding that Wang Gang compensate for all losses totaling 662,455.51 yuan. On September 10, 2025, the court commissioned an appraisal: Liu Zhixiang's neck spinal cord injury left him with left upper limb muscle strength below grade 3, constituting a level 7 disability; right upper limb muscle strength below grade 4, constituting a level 8 disability; and a work loss period and nursing period until the day before the disability determination (257 days), with a nutrition period of 180 days.

II. The focus of the case

  • Focus 1: Whether the relationship between the two parties is a labor relationship or a contractor relationship.Wang Gang argued that the 240 yuan per car was "contracted out" to Liu Zhixiang, who was responsible for finding the workers himself, and that this constituted a contracting relationship, so he should not be liable for compensation. This directly determined whether the liability was established or not.
  • Focus 2: How to divide the proportion of liability for compensation.Even if it is determined that there is an employment relationship, the key to determining the amount of compensation is whether Liu Zhixiang failed to fulfill his duty of due diligence and assumed a certain proportion of the liability on his own.
  • Focus 3: The calculation standards for various losses.How are medical expenses, disability compensation, loss of income, nursing care fees, nutritional fees, and compensation for mental distress determined based on appraisal opinions and local standards?

III. The professional intervention of Hengluo Law Firm

The party involved (the party providing the labor service) claimed that:Liu Zhixiang was hired by Wang Gang to unload straw, but he was injured and disabled during the provision of the service. As the party receiving the service, Wang Gang should compensate for all reasonable losses.

The party accepting the services (the defendant) argued that:The two parties are not in an employment relationship but a contractual relationship. Wang Gang did not direct or manage the work and should not bear responsibility. He also questioned that some of the medical expenses were unrelated, the standard of nursing fees was too high, the compensation for loss of income should not be paid because Liu Zhixiang has reached the retirement age, and there was no basis for the compensation for mental distress.

Hengluo Lawyer's Representation Opinion:Bai JiaranThe lawyer comprehensively collected medical records, outpatient invoices, hospital settlement statements, medical records, and ambulance bills, and retrieved the call recording between Liu Zhixiang's daughter and Wang Gang — in which Wang Gang repeatedly admitted that the two parties were in an "employment relationship", which became the key to determining the legal relationship. The lawyer pointed out that unloading manure is a simple physical labor that does not require specific skills, which does not meet the characteristics of contracting work that "delivers labor results and requires specific skills"; combined with the admission in the call, the two parties constitute a labor relationship. Based on the appraisal opinions of level 7 + level 8 disability (compensation coefficient of 43%) and a nutritional period of 180 days, the losses were calculated item by item. In the trial, it was argued that Wang Gang, as the party receiving the service, should bear compensation liability, and Liu Zhixiang's various losses were supported by a complete chain of evidence.

IV. Outcome of the case

The court accepted it.Bai JiaranThe lawyer's main opinion is that unloading straw is simple manual labor that does not require specific skills. Moreover, Wang Gang admitted the employment relationship in the phone call, so the two parties constitute a labor relationship. Liu Zhixiang, as a person with full civil capacity, failed to fulfill his duty of due diligence and should bear 30% of the responsibility; Wang Gang, as the party receiving the service, failed to stop the dangerous operation of throwing straw bags from above, and should bear 70% of the responsibility. The court determined the medical expenses at 105,500 yuan, the hospitalization subsistence allowance at 15,550 yuan, the nursing care expenses at 40,855.29 yuan, the nutrition expenses at 3,600 yuan, the disability compensation at 306,345.76 yuan, the loss of income at 37,768.98 yuan, the transportation expenses and the compensation for mental distress, etc. The court ordered Wang Gang to pay 70% of the compensation, and Liu Zhixiang ultimately received more than 370,000 yuan in compensation. This is in accordance with Article 119 of the Civil Code (Liability for Tort in Personal Labor Relationships), Article 117 (Reduction of Liability Due to the Fault of the Injured Party), and Article 1179 (Scope of Compensation for Personal Injury).

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Bai JiaranThe attorney (practice license number: 11101202211467472, subject to the document issued by the judicial administrative organ) acts on behalf of the client. After being injured at work, it is essential to keep the employment contract, compensation agreement, work process, and evidence of the injury; the party receiving the service must fulfill its obligation of ensuring safety when organizing dangerous operations. When encountering the pretext that "the employer refuses to compensate the employee who was injured", it is necessary to consult a professional lawyer in time to clarify the liability for compensation through the identification of the legal relationship and the apportionment of fault.

VI. Common Questions and Answers about Cases Involving Victims of Labor Services

  1. Q: I was injured while working, but the employer said that since we have an independent contractor relationship, they won't compensate me. What should I do?
    A:The key is whether the worker is subject to command and management, and whether specific skills are required to deliver results. If it's a simple physical job and the worker is directed by the employer or considers himself or herself to be employed, it is generally considered an employment relationship, and the employer should bear responsibility.
  2. Q: If an employee fails to pay attention to safety themselves, can they still claim compensation?
    A:Yes, but the court will reduce the employer's liability based on the fault; in this case, the injured party bears 30% of the responsibility, which is the embodiment of the "fault offset".
  3. Q: Is the compensation for loss of work income no longer provided once a person reaches retirement age?
    A:Not necessarily. If you have actual labor income and loss of working time, you can still claim compensation for loss of working time, which needs to be supported by evidence of employment and income.
  4. Q: What is the standard for calculating disability compensation?
    A:It is calculated based on the disability level, the compensation coefficient, and the per capita disposable income of urban residents in the area where the sued court is located in the previous year. For multiple disability levels, the compensation coefficients are added together.
  5. Q: What should I do first after getting injured?
    A:Immediately seek medical treatment and secure evidence, keep records of employment/contractual communication, witnesses on site, audio and video recordings, and hire a lawyer as soon as possible to assist in calculating compensation.