[Direct answer]The responsibility can be traced upwards. According to Article 3 of the "Regulations on Work-Related Injury Insurance" and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Related to Work-Related Injury Insurance", if the employing unit violates laws and regulations by subcontracting the contracted business to an organization or individual who does not have the qualification of an employing entity, and the workers employed by such organization or individual are injured or die while engaged in the contracted business, the employing unit shall be the unit that bears the responsibility for work-related injury insurance. In other words, if the workers hired by the contractors (who do not have qualifications) are injured during the construction, the responsibility for work-related injury insurance shall be borne by the subcontractors, contractors or employers who have the qualification of an employing entity. Action direction: Identify the qualified construction or contracting units and claim responsibility together with them.

I. Problem background and typical scenarios

At construction sites, subcontracting is carried out in layers, and workers are often hired by contractors and paid in cash. Once they get injured, the contractors either abscond or shirk responsibility, leaving the workers feeling helpless. A typical scenario is that the contractors are unable to pay compensation on their own, and the workers don't know whether they can claim against the general contractors; or the various construction parties pass the buck to each other, and the responsible parties cannot be identified for a long time. The law sets out rules on the responsibility of employers in such situations, and the key is to identify the unit that should bear the responsibility.

II. Key points of dispute

Firstly, whether the contractor has the qualification to be an employer; Secondly, how to determine the relationship of subcontracting, partial subcontracting, and contracting; Thirdly, who should bear the responsibility for work-related injury insurance; Fourthly, whether it is possible to claim tort liability against the contractor at the same time. The key point is to clarify the employment chain and identify the qualified responsible units.

III. Professional analysis by Henglue Lawyers

The experience of Henglue in handling work-related injury cases in the construction field is that the responsibility determination should be traced up the contract chain. Firstly, contractors are usually natural persons or organizations that do not have the qualifications to employ workers. The workers they hire do not generally form a labor relationship with the employing units; but precisely because of this, the law protects workers by stipulating that in the case of illegal subcontracting or subcontracting, the contractors with the qualifications to employ workers shall bear the responsibility for work-related injury insurance. The significance of this rule is to avoid the workers' rights being jeopardized due to the contractors' lack of qualifications and compensation capabilities. Secondly, there are two key points in the determination: first, the existence of subcontracting, subcontracting or contracting out can be proven by construction contracts, subcontracting agreements, settlement records and on-site management facts; second, the contractors do not have the qualifications to employ workers. Thirdly, workers can apply to the social insurance administrative department for work-related injury determination, and the unit identified as responsible shall fulfill the corresponding obligations. If the unit fails to do so, they can seek redress through administrative reconsideration, litigation and enforcement. In addition, if the damage is caused by the infringement of a third party, workers can also claim compensation based on the tort liability; when the work-related injury insurance liability and the tort liability coexist, attention should be paid to avoiding duplicate compensation. In practice, workers often face difficulties in collecting scattered evidence: no contracts, no pay slips, and unclear on-site management entities. Therefore, after the injury, they should collect work clothes, access control records, construction group chats, WeChat transfers, and colleagues' testimonies as soon as possible to reconstruct the employment chain and on-site management relationships. In Beijing, when handling such cases, the court usually focuses on reviewing the facts of subcontracting and subcontracting and the qualifications of the employing units. It should be noted that the choice of the responsible unit directly affects whether the compensation can be implemented. It is recommended to sort out the relationships among all parties and determine the objects of applying for work-related injury determination and claiming responsibility with the assistance of a lawyer.

IV. Practical suggestions and legal basis

The first step is to seek medical treatment promptly and keep the medical records and expense receipts. The second step is to collect clues from the construction contract, evidence of on-site management, payroll records and chat logs, and witness statements from co-workers to reconstruct the employment chain. The third step is to verify the qualifications of the contractors and the subcontracting relationships between various construction parties. The fourth step is to apply for work-related injury identification to the social insurance administrative department and claim work-related injury insurance liability from the qualified responsible units. The main legal basis: the "Regulations on Work-related Injury Insurance" (amended and implemented on January 1, 2011), Article 3 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance", and Article 7 of the "Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance". The specific application shall be subject to the currently effective laws, regulations and judicial rulings.

5. Henglue Law Firm's Advice

It's not terrible if the contractor absconds, but what's really scary is choosing the wrong person. Follow the contract chain upwards to identify a qualified unit, and then apply for work-related injury identification. For cases involving construction-related work injuries and labor disputes, you can seek assistance through the following channels:Labor arbitration and work-related injury compensationObtain a comprehensive solution for the service; issues related to project subcontracting and contracts can be addressed togetherProperty sales and construction projectsPlate; for reference on the execution of compensation, please refer to the relevant provisions.Creditor's rights and debts, and enforcementFor cases involving personal injury, you can seek advice fromPersonal injury and medical disputesOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: If the contractor has run away, can the work-related injury still be recognized?

You can give it a try. If there are situations of illegal subcontracting or subcontracting to contractors who do not have the qualification to employ workers, the contractors who have the qualification to employ workers shall bear the responsibility for work-related injury insurance. Workers should collect evidence of the employment chain and apply for work-related injury identification to the social insurance administrative department.

Q2: What evidence does the burden of proof unit need to provide?

It is necessary to prepare construction contracts or subcontracting clues, on-site management records, salary payment certificates, WeChat or transfer records, work clothes and access control information, and workers' testimonies, etc., in order to prove the contractors' recruitment behavior and the subcontracting relationship with the superior units.

Q3: How much does it cost to protect one's rights in the event of such work-related injuries?

For work-related injury identification and labor capacity assessment, fees are paid according to regulations, and the cost is relatively limited. If the case proceeds to arbitration, litigation, or enforcement, legal fees are charged according to the contract and the stage of the process. Since the choice of the responsible unit affects the implementation of the process, it is recommended to first clarify the relationships before making a decision on the investment.

Q4: How long does it take from being injured to receiving compensation?

The determination of work-related injuries is generally made within 60 days, and the assessment of labor capacity also requires a certain period of time. If there are disputes or enforcement issues, the overall timeframe will be extended accordingly. Applying for compensation early, ensuring that all required materials are complete, and identifying the responsible party can help shorten the processing time.

Q5: What should we do if the construction parties shift the blame to each other?

First, clarify the subcontracting chain through contracts and on-site evidence to identify the units that should bear responsibility; submit relevant evidence when applying for work-related injury identification. When necessary, proceed with administrative review, litigation, and enforcement to avoid being endlessly delayed and exceeding the statute of limitations.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.