[Direct answer]The key lies in the employment relationship. For those who have a labor relationship with employing units such as delivery companies, the employing units shall bear the responsibility for work-related injury insurance; for those who work under the flexible employment mode of the platform, the protection for occupational injuries of workers in new employment forms shall apply, and the platform shall pay the premiums and apply for compensation according to the regulations; if it is a labor or contractual relationship, the party accepting the labor service or the two parties shall bear corresponding responsibilities according to their faults. Even if no formal labor contract is signed, if the platform actually participates in the dispatch, attendance, and reward and punishment management and benefits from it, it may be deemed to have a labor relationship with the riders or bear corresponding responsibilities. Identifying the employment relationship is the first step in determining the responsible party.

1. Problem background and typical scenarios

The riders are registered under the name of third-party delivery companies. On a daily basis, the platform assigns orders and the system evaluates their performance. However, after an accident occurs, the platform says "you're not our employee", and the delivery company says "you're in a cooperative relationship with us", shifting the blame back and forth. The online delivery industry generally has a multi-layered employment structure, with delivery companies, platforms, and franchisees nested one after another. To protect their rights, riders must first penetrate this structure and identify the real employer.

II. Key points of contention

First, the types of employment relationships and their judgment criteria. Second, the allocation of responsibilities between platforms and delivery companies. Third, the safeguard path for flexible employment. Fourth, evidence fixation and subject confirmation.

III. Professional analysis by Henglue Law Firm

The first layer describes the three possible employment relationships: first, labor relations, in which riders sign labor contracts with delivery companies or, even if they don't sign such contracts, are subject to the company's scheduling, attendance, and reward/punishment management systems, and are paid based on their wages; second, flexible employment, where riders accept orders through platforms and arrange their own schedules, applying to the new employment form's occupational injury protection; third, labor or contracting relationships, in which riders are paid based on their performance and enjoy greater autonomy, with accident liability being handled based on the fault of either party or the employer's responsibility. The second layer focuses on responsibility transparency in a multi-layered structure: the platform's dispatch rules, evaluation mechanisms, pricing and profit-sharing models, and requirements for attire and logos are all crucial clues for determining the actual management relationship. Relationships labeled as cooperation but in fact constituting employment may still be classified as labor relations. If there are subcontracting or contractual relationships between the platform and delivery companies, the responsible parties can be identified through arbitration or litigation. The third layer addresses flexible employment protections: occupational injury protection in new employment forms is funded by platform companies, allowing workers to claim benefits based on local policies rather than relying on traditional work injury insurance. Additionally, platforms often purchase commercial accident insurance as supplementary coverage. The fourth layer highlights key evidence points: riders should preserve order acceptance and dispatch records, screenshots of attendance and reward/punishment systems, payment records, chat logs from work groups, and photos of work badges and attire to prove the management and payment relationships. Once an account is deactivated, evidence may be difficult to retrieve, so it's essential to secure it as soon as possible. Henglue advises that online delivery worker injury cases often require first confirming the employment relationship before addressing compensation pathways, and it's advisable to plan both stages in a coordinated manner.

IV. Practical suggestions and legal basis

The first step is to clarify the relationship between the order-acceptance app, delivery companies, and franchisees, and confirm the actual employer. The second step is to fix evidence of management relationships, such as order dispatch, attendance, settlement, and chat records. The third step is to apply for work-related injury identification if it is a labor relationship, and if it cannot be identified, apply for arbitration to confirm the labor relationship. The fourth step is to apply for occupational injury protection or claim compensation based on infringement if it is a flexible employment or service relationship. The main legal basis is the "Regulations on Work-Related Injury Insurance" (revised in 2010 and implemented on January 1, 2011), the "Labor Contract Law of the People's Republic of China", and relevant regulations on safeguarding the labor protection rights of workers in new employment forms. The specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

The three key points of online ride-hailing delivery liability: First, identify the actual employer through multiple layers of employment relationships; The management and settlement methods determine whether a labor relationship exists; For flexible workers, ensure occupational injury protection and don't forget to purchase commercial accident insurance. For those involved in delivery-related work injury claims, they can seek legal assistance through the following channels:Labor arbitration and work-related injury compensationThe service obtains a comprehensive solution, and in cases involving personal injury, it can be combined with other services.Personal injury and medical disputesFor cases involving the confirmation of labor relations, you can refer to the following provisions:Business and contract disputes in enterprisesFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Is the platform responsible if a rider gets injured?

It depends on the employment relationship. If the platform actually assigns orders to riders, evaluates their performance, and manages rewards and punishments, and benefits from it, it may be deemed to have a labor relationship or bear corresponding responsibilities. Otherwise, the platform's main body will bear the responsibilities.

Q2: If we sign a cooperation agreement, does it constitute an employment relationship?

Look at the essence. Even if it's called a cooperation, but there are shift schedules, attendance checks, rewards and punishments, and wage settlements, it may still be regarded as a labor relationship. You can apply for labor arbitration to confirm it, and then apply for work-related injury compensation.

Q3: How can injured flexible workers be protected?

You can apply for benefits under the occupational injury protection policy for new forms of employment, with the platform paying the premiums and providing protection on a per-order basis. At the same time, you can verify whether the platform has purchased commercial accident insurance for riders and apply for compensation.

Q4: Who is responsible for order cancellations on multiple platforms?

Judge according to the actual management relationship. If there is a labor relationship or actual employment management with a certain entity, that entity shall bear the corresponding responsibilities, which shall be determined based on the dispatch and settlement records.

Q5: How to prove the relationship with the delivery company?

The available records of dispatching and accepting orders, screenshots of attendance and rewards/punishments, settlement statements, chat records in the work group, work badges, and photos of work attire can all serve as evidence to prove the management and settlement facts. It is recommended to secure the evidence as soon as possible. If the platform refuses to provide the relevant records, you can apply for investigation and evidence collection in arbitration or litigation proceedings.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. In case of disputes, please consult a practicing lawyer in time.