[Direct answer]In the Beijing area, if a laborer hired by an individual is injured, the party receiving the service usually bears corresponding liability according to the fault. According to Article 119 of the Civil Code of the People's Republic of China (effective January 1, 2021), when a labor relationship is formed between individuals, if the party providing the service suffers damage due to the service, he shall bear corresponding liability according to the fault of both parties; if the party providing the service suffers damage due to the acts of a third party during the provision of the service, the party providing the service shall have the right to request the third party to bear tort liability and also have the right to request the party receiving the service to provide compensation. After the party receiving the service provides compensation, he may seek recourse from the third party. Therefore, individual employers are not necessarily liable for full compensation, but shall bear liability according to the proportion of fault. For similar issues, please refer to the relevant provisions.Personal injury and medical disputesColumn.

I. Problem background and typical scenarios

Such disputes often occur in several situations: first, when owners hire people to come to their homes for repairs, cleaning, or decoration and they get injured; second, when individuals hire nannies, confinement nannies, or caregivers and they fall during the service; third, when service personnel are involved in traffic accidents while performing services; fourth, when service personnel are injured due to the actions of third parties; fifth, when both parties have doubts about the remuneration and command relationship, which affects the determination of the relationship. When handling such cases in the Beijing area, it is usually first confirmed whether a personal service relationship exists and whether the injury is caused by the service, and then the fault of both parties and the factors of third parties are determined. For cases involving compensation execution, reference can be made to the relevant provisions of the Civil Code of the People's Republic of China.Creditor's rights and debts, and enforcement casesA column.

II. Key points of contention

First, whether a personal labor relationship exists and whether there is a relationship of command, compensation, and subordination. Second, whether the damage is caused by the labor relationship, during the work process or in private activities. Third, the fault of the party receiving the labor services, such as failing to provide a safe environment or forcing them to take risks. Fourth, the fault of the party providing the labor services, such as violating regulations or refusing to wear protective gear. Fifth, the choice of liability and compensation for damages caused by a third party. Sixth, the scope of compensation and the proportion of fault. The specific determination shall be based on the current effective laws and regulations and judicial rulings. For related damage disputes, please refer to the relevant provisions.Special services and other casesColumn.

III. Professional analysis by Henglue Lawyers

From the practical experience of the lawyers handled by our firm, personal service personnel injury cases should focus on two aspects: the nature of the relationship and the allocation of fault. In terms of the relationship, if the individual employer has the right to command and control the working hours, content, and methods, and pays remuneration, it is generally regarded as a personal service relationship, and the allocation of fault in Article 1192 of the Civil Code applies. If it is a contractual relationship (delivering results and operating independently), the client is only liable if there is fault in the selection or instruction. In terms of fault, it is necessary to review whether the employer has fulfilled the obligations of risk warning and basic protection, and whether the service personnel have violated the operating norms. The proportion of compensation is determined by the combined fault of both parties. In the process of handling cases, our lawyers pay attention to fixing the command relationship and the process of causing harm through WeChat communication, on-site photos, medical records, and witness testimonies, so as to accurately define the responsibility and avoid misjudging a contractual relationship as a personal service relationship or vice versa.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, before hiring an individual worker, it is necessary to clarify the job content, safety requirements, and compensation as much as possible. Relevant documents can be referred to for reference.Special services and other cases1. The first step is to provide a safe working environment and necessary protective gear, and alert employees to potential risks. 2. The second step is to immediately provide medical treatment to injured workers and preserve relevant documents and on-site evidence. 3. If the injury is caused by a third party, promptly identify the third party's information to facilitate seeking compensation. 4. If mediation fails, initiate legal action based on fault. In terms of legal basis, Article 1192 of the Civil Code of the People's Republic of China stipulates the allocation of fault in personal labor relations and compensation and recovery from third parties; Article 1173 stipulates the offsetting of fault.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, individual employers may also be held liable, so don't assume that verbal employment means no responsibility; Secondly, the nature of the relationship affects the attribution of liability, and contracting and labor services cannot be confused; Thirdly, the laborers' own faults will reduce the employer's liability; Fourthly, when a third party causes harm, you can choose to compensate the employer or claim compensation from the third party. It is recommended to clarify safety obligations in advance and fix evidence in a timely manner afterwards.

VI. Frequently Asked Questions

Q1: If the aunt I hired gets injured, do I need to compensate her?

If a personal labor relationship is formed and the damage is caused by the labor, you, as the party receiving the labor services, need to bear responsibility for the fault. If you fail to provide a safe environment or fail to warn of the existence of risks, you will generally bear corresponding compensation; if the aunt herself is at fault for operating in violation of regulations, your responsibility may be reduced. The specific proportion will depend on the fault of both parties.

Q2: Who is responsible for a car accident that occurs during the course of work?

During the provision of services, if the service personnel are injured in a traffic accident caused by a third party, they may request the at-fault party to bear tort liability, or they may request compensation from the party accepting the services. After receiving compensation from the party accepting the services, they may seek reimbursement from the at-fault party. If the accident is caused by the service personnel's own major negligence, the liability may be reduced accordingly.

Q3: When hiring someone to do work, is it considered contracting or labor service?

The key lies in the degree of control: in most cases where employers direct the content, time, and methods of work and pay the workers, it is a labor relationship, and the principle of fault sharing applies; in a contractual relationship, the contractor delivers the work results and has autonomy in the work, and the client only bears responsibility when the contractor is at fault. The different classifications lead to vastly different principles of liability attribution.

Q4: Can individual employers require their employees to bear the risks themselves?

If pre-agreed terms or standard clauses exempt employers from their statutory safety responsibilities, such provisions may be deemed invalid for excluding the other party's fundamental rights. The statutory duty of care in personal injury cases cannot be completely transferred through agreements, and employers should still bear responsibility within the scope of their faults.

Q5: What does the compensation for personal injury in labor services include?

It includes medical expenses, loss of income, nursing care expenses, transportation expenses, nutritional expenses, and hospitalization subsidies. For those who suffer from disabilities, there are also disability compensation and mental damage compensation. The amount is determined based on income, the period of nursing care, the level of disability, and receipts. It is recommended to calculate the amount based on complete evidence.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines 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 relevant evidence to avoid missing the statutory time limit. →Personal injury 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. If you encounter disputes, please consult a practicing lawyer in time.