[Direct answer]In the Beijing area, the labor dispatch unit is responsible for workers' compensation insurance, while the employing unit is obligated to provide assistance. If the employing unit causes any harm, it may also be liable for joint compensation. Article 58 of the Labor Contract Law of the People's Republic of China (adopted on June 29, 2007 and amended on December 28, 2012) stipulates that the labor dispatch unit is the employing unit and shall fulfill the obligations of the employing unit towards the workers; Article 92 provides that if the employing unit causes any harm to the dispatched workers, the labor dispatch unit and the employing unit shall bear joint compensation liability. Article 3, paragraph 1, item 5 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Workers' Compensation Insurance" (Fa Shi [2014] No. 9, implemented on September 1, 2014) clearly states that if the workers dispatched by the labor dispatch unit are injured or die during their work at the employing unit, the dispatch unit shall be the unit responsible for workers' compensation insurance.

I. Problem Background and Typical Scenarios

The labor dispatch spans two units. In the event of a work-related injury, workers are often shuffled back and forth between the two sides: the dispatch company says the worker is working for them, while the employing unit claims the labor relationship does not exist with them. In addition, there are situations such as false outsourcing and actual dispatch, the dispatch company failing to provide social insurance coverage, and the employing unit directing workers in violation of regulations, leading to injuries and fatalities. The determination of the responsible party directly determines the object of compensation and the difficulty of enforcement.

II. Key points of contention

First, the identification of the responsible party. In law, the employer is the dispatching unit, and the responsibility for work injury insurance lies with it. The employing unit is responsible for assisting in the investigation and verification of work injury identification. Second, the handling of non-insured cases. If the dispatching unit fails to pay work injury insurance premiums in accordance with the law, the dispatching unit shall pay benefits in accordance with the items and standards stipulated in the regulations. Third, the circumstances of joint and several liability. If the employing unit causes damage to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation. Fourth, excessive dispatching and nominal outsourcing. Where the name of outsourcing is actually dispatching, the responsible party and the scope of responsibility shall be determined in accordance with the actual employment situation.

III. Professional analysis by Henglue Law Firm

从恒略处理派遣用工争议的实务经验看，最有效的做法是双主体列名、双路径推进：申请工伤认定阶段，书面要求派遣单位申报并告知用工单位协助；协商或者仲裁阶段，把派遣单位与用工单位一并列明，避免因主体错误被驳回后再重新立案耗时。我们通常还会同步核查两件事：一是派遣协议中关于工伤保险责任与补偿办法的约定，这类约定只在两单位之间有效，不能对抗劳动者；二是实际用工管理关系，用工单位直接安排工作、考核、发放绩效的，在责任认定与连带赔偿主张中是有力事实。派遣工岗位多为临时性、辅助性、替代性，若实际从事的是主营业务、长期固定岗位，还可能涉及违法派遣的认定，这对责任分配有直接意义。涉及劳动合同与派遣协议文本审查的，可结合Business and contract disputes in enterprisesThe experience of handling it.Work-related injury compensationThe design of the program is particularly important in dispatching cases.

IV. Practical suggestions and legal basis

According to Article 58 and Article 92 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), Article 10 of the Interim Regulations on Labor Dispatch (Ministry of Human Resources and Social Security Decree No. 22, implemented on March 1, 2014), Paragraph 1, Item 5 of Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance (Legal Interpretation [2014] No. 9), and Article 62 of the Work-related Injury Insurance Regulations. Suggestions: First, confirm the attribution of the labor relationship, and retain the labor contract signed with the dispatching unit, as well as records of wage payment and social insurance contributions; Second, require the dispatching unit to report the work-related injury within 30 days, and the employing unit to assist in the investigation and verification. If the employing unit refuses to cooperate, send a written reminder and keep a record; Third, when claiming compensation, list both the dispatching unit and the employing unit as the opposing parties, and consider the feasibility of joint compensation; Fourth, verify whether the dispatching unit has participated in social insurance in accordance with the law. If it has not, directly claim that the dispatching unit should pay the full amount in accordance with the regulations; Fifth, if there are disputes over the nature of the position, collect evidence such as job descriptions, attendance records, and work arrangements. 依据《中华人民共和国劳动合同法》第五十八条、第九十二条（2012年12月28日修正）、《劳务派遣暂行规定》（人力资源和社会保障部令第22号，2014年3月1日施行）第十条、《最高人民法院关于审理工伤保险行政案件若干问题的规定》（法释〔2014〕9号）第三条第一款第五项以及《工伤保险条例》第六十二条。建议：第一，确认劳动关系归属，保留与派遣单位签订的劳动合同、工资发放与社保缴纳记录；第二，要求派遣单位在30日内申报工伤，雇佣单位协助调查核实，雇佣单位不配合的书面催告并留痕；第三，主张时将派遣单位与雇佣单位一并列为相对方，考量连带赔偿的可行性；第四，核查派遣单位是否依法参保，未参保的直接主张其按条例标准全额支付；第五，涉及岗位性质争议的，收集岗位说明、考勤与工作安排证据。

5. Henglu Law Firm's Reminder

The greatest risks of dispatch-based work-related injuries lie not in the legal provisions, but in timing and the parties involved. First, regarding the parties involved: if you only sue the employing unit, your claim may be dismissed due to the lack of an employment relationship; if you only sue the dispatching unit, it may be difficult to enforce the judgment because the dispatching unit might be a shell company. Listing both parties as defendants is usually a more reliable strategy. Second, regarding timing: the employing unit must file a work-related injury identification application within 30 days. If the two units shift blame to each other, the worker should apply for compensation within one year and not rely entirely on the coordination between the two units. In similar cases in Beijing, the arbitration tribunal and the court have a clear division of responsibilities: the dispatching unit bears the responsibility for work-related injury insurance, and the employing unit bears joint and several liability for its own faults. The key lies in whether the evidence can restore the true employment management relationship. For issues involving the implementation of benefits and the payment of funds, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementBased on my experience; for cases involving third-party infringement and loss calculation, you can refer to the following for reference.Personal injury and medical disputesIt can also be entrusted toBeijing Henglue Law FirmEvaluate the allocation of responsibilities.

VI. Frequently Asked Questions

Q1: Who is more advantageous for dispatched workers to claim compensation from in case of work-related injuries?

It is most direct to claim the responsibility for work-related injury insurance from the labor dispatch unit, as it is the employing unit. If the employing unit causes damage to the worker due to its fault, the worker can also claim joint and several liability for compensation. When the two units are making excuses for each other, it is recommended to list both of them at the same time.

Q2: What evidence do I need to prepare?

The labor contract signed with the dispatching unit, the employment arrangements in the dispatching agreement, the records of wage payment and social insurance payment, the attendance and work arrangement records of the employing unit, the materials for work-related injury identification, the proof of the accident process, and the medical records.

Q3: What's the approximate cost?

There are no fees for work-related injury identification and labor arbitration. If a lawsuit is involved, the acceptance fee will be calculated based on the amount of the claim, and the attorney's fees will be determined according to the terms of the contract, which can be negotiated based on the number of parties involved and the stage of the proceedings.

Q4: How long does the process take?

The work-related injury identification is generally completed within 60 days, and the labor capacity appraisal usually reaches a conclusion within another 60 days. The arbitration of compensation claims is typically concluded within 45 days, but the process may be extended if there are disputes involving parties with joint and several liability.

Q5: What should I do first?

After confirming the ownership of the labor relationship, the employer shall, in writing, require the labor dispatch unit to report the work-related injury within 30 days and request the employing unit to assist in the investigation and verification; if neither party reports the work-related injury, the employer shall file an application for work-related injury identification within one year and at the same time preserve the evidence of the true employment management relationship.

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

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