[Direct answer]In the Beijing area, if a courier injures others during delivery, the courier company where he works usually bears the liability for compensation in accordance with the employer's responsibility. According to Article 119 of the Civil Code of the People's Republic of China, if an employee of the employer causes damage to others while performing his work duties, the employer shall bear the tort liability; during the period of labor dispatch, the employing unit shall bear the liability, and the dispatching unit shall bear corresponding responsibility if it is at fault. This means that the injured party should generally claim compensation directly from the courier company, rather than just from the courier himself. The key is to prove that the courier had an accident while performing his work duties (such as during delivery or receiving packages), and to obtain the accident responsibility determination issued by the traffic police and medical treatment evidence. If the courier has intentional or gross negligence, the company may recover the compensation from him after paying it, but this does not affect the injured party's right to claim compensation from the company. It is recommended to report the accident to the police for responsibility determination and refer to the relevant provisions as soon as possible.Legal services for personal injury and medical disputes.

1. Problem background and typical scenarios

Express delivery causing personal injury is a high-incidence type of urban traffic infringement. Typical scenarios include: couriers running red lights, riding against traffic, or colliding with pedestrians or electric vehicles while riding with one hand to meet delivery deadlines; scratching residents during deliveries in residential areas; and collisions occurring during package pickup at logistics stations. Disputes often arise over whether the delivery is considered "performing work tasks", whether the franchise outlets or the headquarters company should bear responsibility, and whether the couriers are regular employees, dispatched workers, or crowdsourced part-time workers. Victims often face the dilemma of the couriers' lack of personal compensation ability and the company's claim of "outsourcing". Clarifying the employment relationship and task attributes is a prerequisite for identifying the subject of compensation liability. For cases involving loss of income and work time, relevant provisions can be referenced.Labor arbitration and work-related injury compensation servicesCheck the materials related to labor relations.

II. Key points of dispute

There are three main disputes in such cases. Firstly, the determination of duty actions: whether it is during working hours and whether the delivery task is being carried out is the key to applying Article 1191; if an accident occurs during personal affairs, the company will not bear responsibility. Secondly, the identification of the responsible party: under the franchise, agency, and crowdsourcing models, the injured party needs to prove who the actual employer or the party to whom the benefits belong. Thirdly, internal recourse does not affect external compensation: even if the courier is fully responsible or there is significant negligence, the company should still compensate the injured party first and then recover the compensation from the courier. The injured party should not be fobbed off with the excuse of "going after the courier". For insurance claims, reference can be made to the relevant provisions.Special services and other case servicesArrange the order of insurance policies and compensation payments.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling traffic and employer liability cases, the most common pitfalls for victims in express delivery-related disputes are companies evading employer liability by labeling workers as "outsourced, crowdsourced, or temporary workers," and victims focusing solely on individual couriers and misidentifying the correct parties to file claims against. Henglu Lawyers typically recommend the following: 1. After an accident, immediately report to the police and clearly record the courier's affiliated entity, demanding to review their delivery system and insurance policies. 2. When negotiating compensation, directly engage with the company or its insurer rather than tangling with individuals who lack repayment capacity. 3. For cases involving disability, promptly conduct judicial appraisals after treatment stabilizes to quantify care periods, nutritional support periods, lost income periods, and disability ratings. 4. For franchise outlets, clarify the management and control relationship between headquarters and outlets, and where necessary, pursue joint claims against both parties. 5. For cases involving enforcement difficulties after compensation, consider seeking legal assistance to enforce claims through litigation or arbitration.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

The legal basis is Article 119 of the Civil Code (effective January 1, 2021) (employer's liability), Article 119 of the Civil Code (personal labor relations), Article 1179 of the Civil Code (scope of compensation), and Article 1188 of the Civil Code (guardian's liability, applicable to minor riders). Practical advice: Report the incident to the police immediately to determine responsibility and preserve the scene; record the courier's employee number, the company he/she belongs to, and the insurance policy; seek medical treatment promptly and comprehensively and keep the receipts; negotiate with the company or insurance company as the counterparty to avoid settling the case with an incapable individual; conduct a quantitative assessment of the disability case; if no agreement is reached, file a lawsuit in the court of the place where the infringement occurred or the company's registered address. For cases involving insurance subrogation and multiple parties, relevant provisions can be referenced.Local personal injury appraisal resourcesAdvance.

5. Henglue Law Firm's Reminder

The key to seeking justice for harm caused by express delivery is to "identify the responsible party" — the employer, that is, the express delivery company, should compensate the victim, so the injured party does not have to be constrained by the individual compensation capacity of the express delivery personnel. It is necessary to report the case to the police to determine responsibility, fix the evidence of employment and insurance policies, and appraise the disability case in a timely manner. The priority of claimants should be the company and insurance company. Never sign a waiver of liability agreement when the amount has not been verified and the injury situation is unclear. It is recommended to consult a professional lawyer as soon as possible with the accident responsibility letter, medical treatment receipts, and employment clues, evaluate the real employer and the items that can be claimed, and grasp the evidence collection and time limit.

VI. Frequently Asked Questions

Q1: The courier hit me. Can I successfully sue the courier company?

In most cases, this is possible. According to Article 119 of the Civil Code, if a worker causes damage to others while performing their work duties, the employer shall bear tort liability. As long as it can be proven that the accident occurred during the courier's performance of duties such as delivery and receipt, the courier company should compensate the victim. The injured party does not need to prove that the company "was at fault", but only needs to prove the connection between the duty act and the damage. The difficulty lies in proving the employment relationship: the courier can collect work clothes, work badges, delivery SMS messages, screenshots of the order system, and information about the employer's liability insurance or compulsory insurance and commercial insurance purchased by the company. If the company claims that the courier is outsourced or crowd-sourced, it should further investigate the actual management, dispatching, and payment subjects to identify the true employer and avoid being blocked by the "outsourcing" label.

Q2: If I want to sue the express company, what evidence do I need to prepare?

The core evidence revolves around the three elements of "accident - duty - damage": First, the traffic accident responsibility determination letter or the police investigation records, which fix the course of the accident and the division of responsibilities; Second, evidence of employment relationships, such as the express delivery staff wearing work badges, delivery orders, company-rider agreements, insurance policies, to prove that they were performing their duties; Third, medical evidence, including emergency records, diagnosis certificates, medical expense receipts, and examination reports; Fourth, proof of loss of income and nursing care, including pay slips, employer's certificates of loss of income, and nursing care expense receipts; Fifth, on-site photos, surveillance footage, and witnesses. If the evidence is complete, it can simultaneously confirm the company's liability and the amount of compensation, and avoid the other party's defense of "private behavior" and "unable to prove duty".

Q3: What expenses can I claim from the express company, and approximately how much are they?

The compensation items are determined in accordance with Article 1179 of the Civil Code: medical expenses, nursing fees, transportation expenses, nutrition fees, hospitalization meal subsidies, and loss of income; if it constitutes a disability, additional compensation for assistive devices and disability compensation will also be provided; in the case of death, compensation for funeral expenses and death compensation will be paid. The amount depends on the severity of the injury, the duration of loss of income and nursing care, and whether it constitutes a disability. For example, simple soft tissue bruises mainly involve actual medical expenses and short-term loss of income, while fractures or disabilities significantly increase the amount. Medical expenses must be supported by receipts, loss of income compensation based on income and loss of income certificates, and disability compensation calculated according to the disability level and local residents' income standards. Claims should be listed item by item and accompanied by supporting documents, and it is important to avoid providing general quotes to enhance the credibility of mediation and judgments.

Q4: How long does it take from the time of the accident to receiving compensation?

If the company has purchased insurance and both parties do not dispute liability, the insurance claim may be paid out within a few weeks to two or three months. If the parties cannot reach an agreement and resort to litigation, the first-instance ordinary procedure typically takes several months, and the time required for disability assessment will be extended accordingly. The assessment is conducted after the treatment is completed and the injury condition stabilizes, which itself takes a certain period of time. If the company refuses to pay the compensation after the judgment, it will also require enforcement, the duration of which will depend on the company's assets and the insurance amount. Overall, uncontested cases are resolved more quickly, while those involving assessments, litigation, and enforcement may take more than half a year. Note the statute of limitations: personal injury compensation is generally three years, starting from the date when the victim knows or should have known that their rights have been infringed and the liable party's identity. For insurance-related cases, it is also important to pay attention to the time limit for reporting the claim, as early handling is more advantageous.

Q5: The express company refuses to acknowledge the responsibility and says it's outsourced. What should I do?

The company cannot evade responsibility simply by shifting blame to "outsourcing, crowdsourcing, and temporary workers". The injured party should investigate the true employment relationship and the beneficiary entity: collect evidence showing that the couriers wear work uniforms, use the company's system to deliver packages, and are subject to the company's assessment and compensation rules, proving the existence of a de facto management and control relationship; trace the policyholder, the entity to which the order belongs, and the brand authorization and franchise agreements. Even if it is formally outsourced, if the entity actually manages the riders and obtains operational benefits, it may still be held liable as an employer or employing unit; the employing unit is responsible for labor dispatch, and the dispatching unit is liable for any faults. If mediation fails, the injured party can sue and apply to the court to obtain employment and insurance-related materials. If necessary, multiple related entities can be listed, and the court will determine the attribution of responsibility.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 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 you encounter disputes, please consult a practicing lawyer in time.