[Direct answer]In the Beijing area, it is generally possible to claim compensation from the qualified party. According to Article 7 of the "Opinions of the Ministry of Human Resources and Social Security on Implementing the 'Regulations on Work-Related Injury Insurance'" (Ministry of Human Resources and Social Security Document No. 34 [2013]), if a contractor with the qualification of an employing entity violates laws and regulations by subcontracting or sub-contracting the contracted business to an organization or individual without 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 contractor with the qualification of an employing entity shall bear the work-related injury insurance liability that the employing unit should bear according to law. According to 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 as of September 1, 2014), if the employing unit illegally subcontracts the contracted business to an organization or individual without 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 unit that bears the work-related injury insurance liability. In addition, according to Article 94 of the "Labor Contract Law of the People's Republic of China" (amended in 2012), if an individual contractor violates the provisions of this Law in employing workers and causes damage to the workers, the contracting organization and the individual contractor shall bear joint and several liability for compensation. If the workers and the contractors have a personal labor relationship, they may also bear corresponding responsibilities according to their respective faults in accordance with Article 1192 of the "Civil Code of the People's Republic of China" (effective as of January 1, 2021).Labor arbitration and work-related injury compensationYou can view similar questions in the column.

1. Problem background and typical scenarios

These types of disputes often arise in several situations: First, in construction, decoration, municipal and other projects, the general contractors subcontract part of the work to individuals who do not have the necessary qualifications. These individuals hire workers and the workers are injured at the construction site. Second, workers are hired by contractors on a daily basis without written contracts, and their wages are paid in cash or transferred from the contractors' personal accounts. Third, after the workers are injured, the contractors disappear or are unable to compensate, so the workers turn to the general contractors to claim compensation. Fourth, the workers are managed by both the general contractors and the contractors. Safety education and training and labor protection supplies are provided by the on-site project departments. Fifth, the workers have disputes over the nature of the injury, whether they should go through work-related injury identification or personal injury compensation. When handling such cases in Beijing, the authorities usually first investigate the contracting and subcontracting chains, the qualifications of all parties, the entities responsible for wage payments and on-site management, then determine the unit responsible for work-related injury insurance, and finally make claims for identification and compensation. For issues involving safety responsibilities at the construction site and personal injury appraisals, they can also refer to the relevant provisions simultaneously.Personal injury and medical disputesColumn.

II. Key points of contention

First focus: Whether subcontracting and sub-contracting are legal, and whether the receiving party has the qualification to be an employer. Second focus: How to determine the entity responsible for work injury insurance, which is typically the contractor with the qualification to be an employer. Third focus: Proving the employment facts, with payroll records, attendance records, and on-site management records being key. Fourth focus: The relationship between work injury insurance liability and personal injury compensation—whether claims can be pursued concurrently and how to avoid duplicate compensation. Fifth focus: The application of joint and several liability, and the responsibility relationship between the contracting organization and individual contractors. Sixth focus: The allocation of fault liability in individual labor relations, and whether safety measures and risk warnings are in place. Seventh focus: Recovery of compensation after assuming liability—whether the unit can recover internal responsibilities from the contractors. Specific determinations shall be based on currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, the key to handling cases involving workers injured by contractors is to clarify both the chain of responsibility and the facts of employment. First, we need to reconstruct the project contracting chain. Through project publicity boards at construction sites, construction permits and filing materials, subcontracting agreements, settlement vouchers and invoices, we can identify the relationships and qualifications between the general contractors, subcontractors, and contractors. If the project is undertaken by individuals who do not have the necessary qualifications, we should argue that the contractors with employer qualifications should bear the responsibility for work-related injury insurance. Second, we need to fix the facts of employment. We collect wage payment records, attendance or entry registration, safety education and training sign-in records, labor protection supplies distribution records, communication records in work groups, and colleague testimonies to prove that the workers are engaged in labor within the scope of the contract, rather than purely personal affairs. The fact that the wages are paid by the contractors themselves does not necessarily exclude the contractors' responsibility. Third, we need to clarify the claim path. We can apply for work-related injury identification to the unit responsible for work-related injury insurance and require it to pay according to the items and standards of work-related injury insurance benefits; we can also claim personal injury compensation based on the degree of fault. The compensation items and evidence requirements of the two paths are different, and we need to evaluate and choose accordingly. Fourth, we need to pay attention to the issue of recourse. After the unit assumes responsibility for work-related injury insurance, it can usually recover the compensation from the contractors according to the internal agreement between them, but this does not affect the injured workers' right to claim against the responsible unit. Fifth, we need to evaluate the feasibility of parallel claims. If the injury is caused by the infringement of a third party, we can claim compensation from the infringer in addition to work-related injury insurance benefits, but actual expenses such as medical expenses should not be compensated twice. Overall, choosing the wrong responsible subject will lead to procedural repetition, so it is recommended to sort out the chain of responsibility and evidence before applying for compensation.

IV. Practical suggestions and legal basis

Action proposal: Firstly, we should fix the evidence of the project contracting chain as soon as possible, including the project publicity boards, subcontracting contracts, settlement vouchers, and wage payment records. For the relevant procedures, you can refer to the instructions provided.Labor arbitration and work-related injury compensationFirst, the employer shall clarify the scope of the employment relationship and determine the legal status of the worker. Second, the employer shall collect factual evidence of employment, such as attendance records, safety education sign-in records, the distribution of labor protection supplies, and records of work communication. Third, the employer shall identify the responsible parties and claim workers' compensation insurance liability from the contractors or employers who meet the requirements for employment subject qualifications. Fourth, the employer shall apply for workers' compensation recognition in a timely manner, paying attention to the application deadline within one year. Fifth, the employer shall simultaneously evaluate the path of personal injury compensation, with continued attention to disability appraisal and compensation calculationPersonal injury and medical disputes1. Column; 2. Sixth, retain all medical invoices and transactional vouchers, and pay attention to the issue of duplicate compensation for actual expenses across different channels. 3. Legal basis: Article 7 of the "Opinions of the Ministry of Human Resources and Social Security on Implementing the 'Regulations on Work-Related Injury Insurance'" (Ministry of Human Resources and Social Security Document No. 34 [2013]); 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); Article 94 of the "Labor Contract Law of the People's Republic of China" (amended in 2012); Article 119 of the "Civil Code of the People's Republic of China" (effective January 1, 2021); Article 17 of the "Regulations on Work-Related Injury Insurance" (effective January 1, 2011); 4. Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the fact that the contractors lack qualifications does not exempt the contracting units with employer qualifications from their responsibilities for work-related injury insurance. Secondly, the fact that wages are paid by individuals does not necessarily negate the responsibility of the employing units. The key lies in the scope of business and management relationships. Thirdly, work-related injury identification and personal injury compensation are two different paths, and a choice needs to be made after evaluation. Fourthly, after the unit assumes responsibility, it can seek reimbursement from the contractors, but this does not affect the workers' right to claim against the unit. Fifthly, on-site evidence is extremely important. Construction publicity, safety education sign-in, and attendance records should be fixed as soon as possible. Sixthly, choosing the wrong responsible party can lead to repeated procedures. It is recommended to entrust professional lawyers to sort out the contracting chain and evidence before applying for compensation.

VI. Frequently Asked Questions

Q1: If I get injured while working for a contractor, who should I contact?

It can be claimed that the contractor with the qualification of an employer should bear the responsibility for work-related injury insurance. According to the relevant opinions of the Ministry of Human Resources and Social Security, if the contractor illegally subcontracts or sub-contracts the business to organizations or individuals who do not have the qualification of an employer, and the workers hired by them suffer from work-related injuries or deaths, the contractor with the qualification of an employer should bear the responsibility for work-related injury insurance.

Q2: What should I do if the contractor runs away?

You can still assert your rights against the contractors or employers who have the qualification to employ workers. If necessary, you can also list the contractors as respondents or defendants, and apply for property preservation as soon as possible to prevent them from transferring their property and affecting the subsequent enforcement.

Q3: How can we determine employment status without a labor contract?

It is possible to collect payroll records, attendance or entry registration records, safety education sign-in records, records of the distribution of labor protection supplies, communication records in work groups, and colleagues' testimonies, forming a mutually corroborating chain of evidence to prove the employment facts.

Q4: Can I both receive workers' compensation benefits and file a claim for compensation?

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.

Q5: What responsibilities does the contractor need to assume?

According to Article 94 of the Labor Contract Law of the People's Republic of China, if an individual contractor causes damage to a worker by employing them illegally, the contracting organization and the individual contractor shall bear joint and several liability for compensation; in the case of an individual labor relationship, the parties shall bear corresponding liability according to their respective faults.

The above questions and answers are mainly based on judicial practice in the Beijing area. 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 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 a timely manner.