[Direct answer]There are three typical scenarios that need to be distinguished. First, when an individual hires other units to operate on their behalf. According to Article 3 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance" (effective September 1, 2014), if an individual hires other units to operate on their behalf, and the employees hired by them suffer work-related injuries or deaths, the unit to which they are affiliated shall bear the responsibility for work-related injury insurance. That is to say, although the employees are actually hired by the individual, they operate under the name of the unit to which they are affiliated, and the unit to which they are affiliated needs to bear the responsibility for work-related injury insurance. Second, illegal subcontracting and contracting. If the employing unit violates laws and regulations by subcontracting the contracted business to organizations or individuals who do not have the qualification to be an employer, and the workers employed by these organizations or individuals suffer work-related injuries or deaths while performing the contracted business, the employing unit shall bear the responsibility for work-related injury insurance. Third, labor dispatch. If the workers dispatched by the labor dispatch unit suffer work-related injuries or deaths while working at the employing unit, the dispatch unit shall bear the responsibility for work-related injury insurance; if the employing unit is at fault, it shall bear corresponding compensation liability according to law. It should be noted that the above provisions address the issue of the subject of responsibility for work-related injury insurance. Usually, the unit to which they are affiliated or the employing unit will first bear the responsibility for work-related injury insurance, and then they can recover the compensation from the actual hiring party according to internal agreements. In addition, the injured person can also claim personal injury compensation from the unit or individual at fault in accordance with the relevant provisions of the Civil Code on tort liability.Labor arbitration and work-related injury compensationYou can view similar questions in this column.

I. Problem background and typical scenarios

This type of consultation is common in several situations: First, individuals in industries such as construction, decoration, transportation, and sales undertake business under the name of a certain company and hire workers independently. After the workers are injured, the company refuses to compensate them on the grounds that there is no labor relationship between them. Second, the contractors subcontract the projects to unqualified contractors, and the workers hired by the contractors are injured. Third, employees nominally work for a certain company and receive their salaries from individuals, but the actual operating entity is unclear. Fourth, after the unit is registered as a shell company, it claims that it is only a nominal entity and should not bear responsibility. Fifth, the injured persons are not clear about whether they should apply for work-related injury identification or directly file a lawsuit for personal injury compensation. When handling such cases in the Beijing area, we usually first identify the operating entity, qualifications, contract signing and payment methods, then determine the unit responsible for work-related injury insurance, and finally make claims regarding work-related injury identification and compensation amounts. For personal injury disability appraisal and compensation item calculation, we can refer to them simultaneously.Personal injury and medical disputesColumn.

II. Key points of contention

First, whether there is a subcontracting relationship, which is usually determined by facts such as contracts, settlements, the use of qualifications, and external names. Second, whether the subcontracted unit bears the responsibility for work injury insurance, which, according to the judicial interpretation, belongs to the unit that bears the responsibility. Third, whether the subcontractors or sub-subcontractors have the qualifications to employ workers. When subcontracting without qualifications, the employing unit shall bear the responsibility. Fourth, the division of responsibilities in labor dispatch, including the division of labor and the determination of fault between the dispatching unit and the employing unit. Fifth, the relationship between work injury insurance liability and tort compensation, whether claims can be made concurrently and how to avoid duplicate compensation. Sixth, the right of recourse of the subcontracted unit after assuming responsibility, whether it can recover the compensation from the actual hiring party according to internal agreements. Seventh, the proof of employment facts and labor relations, with the subject of wage payment and management systems being key. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

From the practical experience of lawyers handled by our firm, the core of work-related injury cases involving subcontracting and subcontracting is the determination of the order of responsibility subjects and the organization of evidence. Firstly, it is necessary to clarify the distinction between the operating name and the actual controller. Contract texts, project filing materials, external promotion materials, settlement vouchers, and the subject of invoice issuance should be obtained to prove that the injured personnel provide labor under the name of the subcontracted unit in external operations. If there are construction license publicity boards, doorplate signs, or uniformed and badged personnel at the project site, these should also be photographed and preserved in a timely manner. Secondly, it is necessary to fix the employment facts. Collect wage payment records, attendance or entry registration, communication records in work groups, safety education and training sign-in records, and on-site photos to prove who recruited and managed the injured personnel and what business they were engaged in. The fact that wages are paid from personal accounts does not necessarily negate the responsibility of the subcontracted unit. The key still lies in the distinction between the operating name and the management relationship. Thirdly, it is necessary to clarify the claim path. According to the aforementioned judicial interpretation, if an individual subcontracts to another unit for external operations and the employees hired by him/her suffer work-related injuries or deaths, the subcontracted unit is the unit that bears the work-related injury insurance responsibility; if there is illegal subcontracting, the employing unit shall bear the responsibility. The injured personnel can apply for work-related injury recognition based on this, and can also claim personal injury compensation according to the fault situation. Fourthly, it is necessary to pay attention to the issue of recourse. After the subcontracted unit bears the work-related injury insurance responsibility, it can usually recover the compensation according to the internal agreement between itself and the actual employing party, but this belongs to the internal relationship between the responsibility subjects and does not affect the injured personnel's right to claim against the responsible unit. Overall, it is recommended to first determine the qualified responsibility subjects and then choose the appropriate procedures to avoid being rejected or subject to repeated litigation due to the wrong selection of responsibility subjects.

IV. Practical suggestions and legal basis

Action proposal: Firstly, we should fix the evidence of the business name and the affiliation relationship as soon as possible, including contracts, settlement vouchers, invoices, project publicity and on-site photos. For the relevant procedures, you can refer to the explanations provided hereLabor arbitration and work-related injury compensation1. The first step is to clarify the legal relationship between the worker and the employing unit. 2. The second step is to collect factual evidence of employment, such as payroll records, attendance logs, work communication records, and witness statements from colleagues. 3. The third step is to confirm whether the subcontracting unit or the employing unit has paid for work-related injury insurance. For projects insured on a project-by-project basis, it is necessary to retain relevant proof. 4. The fourth step is to promptly submit an application for work-related injury recognition, paying attention to the application deadline within one year. The subcontracting unit or the employing unit shall bear corresponding responsibilities. 5. At the same time, evaluate the path of personal injury compensation, and continuously pay attention to issues such as disability assessment and compensation calculation.Personal injury and medical disputes1. Column; 2. Sixth, pay attention to the differences in compensation items and the handling of concurrent claims across different pathways, to avoid duplication or omission of claims. 3. Legal basis: Article 3 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-Related Injury Insurance" (effective September 1, 2014); Articles 14 and 17 of the "Regulations on Work-Related Injury Insurance" (effective January 1, 2011); Article 94 of the "Labor Contract Law of the People's Republic of China" (amended in 2012); and the provisions related to tort liability in the "Civil Code of the People's Republic of China" (effective January 1, 2021). 4. Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the operation under the guise of a third party does not exempt the unit being used as a guise from its responsibility for work injury insurance, as clearly stipulated in judicial interpretations. Secondly, when the work is illegally subcontracted to a non-qualified entity, the employing unit needs to bear the responsibility for work injury insurance. Thirdly, who recruits the employees, who manages them, and who operates in their name are the three key facts for determining the responsible party. Fourthly, the fact that the wages are paid from personal accounts does not necessarily negate the responsibility of the unit being used as a guise. Fifthly, the responsibility for work injury insurance and personal injury compensation can be evaluated concurrently, but the actual expenses will not be compensated twice. Sixthly, choosing the wrong responsible party may lead to repeated litigation, so it is recommended to sort out the contracts, settlements, and on-site evidence before filing the application.

VI. Frequently Asked Questions

Q1: If a worker hired through a subcontracting arrangement gets injured, who should they seek compensation from?

According to Article 3 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance", if an individual hires workers to operate a business on behalf of another unit, and the workers suffer work-related injuries or deaths, the unit to which the individual is affiliated shall be the unit responsible for assuming work-related injury insurance liabilities.

Q2: Who is responsible if a worker hired by the contractor gets injured?

If the employing unit illegally subcontracts the contracted business to an organization or an individual who does not have the qualification of an employing entity, and the workers employed by such organization or individual suffer work-related injuries or deaths while engaged in the contracted business, the employing unit shall be the entity that bears the responsibility for work-related injury insurance.

Q3: Can the unit being used for "ghost registration" claim that it has nothing to do with them?

This is hard to establish. If an enterprise operates under the name of the unit to which it is attached and its employees suffer from work-related injuries or deaths, the unit to which it is attached shall bear the responsibility for work-related injury insurance according to law, and cannot completely exempt itself from liability on the grounds that it only lends its qualifications.

Q4: Can the unit being used for "ghost registration" recover the compensation after assuming responsibility?

Generally, compensation can be recovered based on an internal agreement with the actual employer, but this belongs to the internal relationship between the responsible parties and does not affect the injured person's right to claim compensation from the unit responsible for work injury insurance.

Q5: Can I claim both work-related injury benefits and compensation for infringement of rights at the same time?

Parallel claims can be evaluated, but actual expenses such as medical fees should not be compensated twice. The specific connection needs to be determined based on the cause of the accident, the responsible party, and the insurance situation. It is recommended that this be calculated by professionals.

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 the current effective laws and regulations and publicly available 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 you encounter disputes, please consult a practicing lawyer in time.