[Direct answer]In the Beijing area, it is divided into two layers: the contractors do not have the qualification of an employer, and there is usually no labor relationship between them. It's easy to fail to recover compensation directly from them; the contractors who have the qualification of an employer bear the responsibility for work-related injury insurance. According to Article 3, Paragraph 1, Item 4 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance" (Fa Shi [2014] No. 9, implemented on September 1, 2014), if the contractors illegally subcontract or sub-contract to organizations or individuals who do not have the qualification, and the workers recruited by these organizations or individuals suffer work-related injuries or deaths, the contractors shall bear the responsibility for work-related injury insurance. The unit shall report the work-related injury within 30 days. If it fails to report within the time limit, the worker or his/her near relatives may apply for compensation within one year.

I. Problem Background and Typical Scenarios

In industries such as construction and decoration, subcontracting is widespread: the general contractor subcontracts to labor companies, and the labor companies then subcontract to contractors. Most migrant workers only know the contractors, without labor contracts, social insurance, or pay slips. If the contractors fail to receive payment and abscond, and the workers are injured on the construction site, finding someone to compensate them becomes the first challenge. The most common pitfall in handling similar cases in the Beijing area is choosing the wrong approach—targeting only the contractors for litigation, even if the litigation is successful, the assets cannot be executed against.

II. Key points of contention

First, who is the employer. The relationship with the contractor is usually an employment relationship, while there is often no de facto labor relationship with the contracting unit. Courts generally do not support requests to confirm the labor relationship, but still require the contracting unit to assume responsibility for work-related injury insurance. Second, whether it is possible to claim against the general contractor directly. As long as there is illegal subcontracting or subcontracting, the contracting unit with the qualification of an employment entity must bear responsibility, regardless of whether it directly manages the workers. Third, the compensation paths are different. Through work-related injury insurance, claims can be made for medical expenses, wages during the period of suspension of work and salary, and one-time disability compensation, etc. Through the liability for harm to service providers, compensation is shared according to the degree of fault, and the party needs to prove the other party's fault. Fourth, after the contracting unit makes compensation, it can seek recourse from the contractor.

III. Professional analysis by Henglue Law Firm

The experience of similar cases handled by Henglue Law Firm shows that the key points lie in evidence and the subject of the dispute. Regarding evidence, it is necessary to confirm who the worker is working for through the following means: colleague's testimonies, work assignment records of the team, gate access and attendance records of the construction site, wage transfer certificates, and IOUs issued by the contractors. If the worker only has a handwritten pay slip, it is recommended to apply for the intervention of the labor supervision or housing and urban-rural development department as soon as possible. Regarding the subject of the dispute, it is necessary to design a strategy simultaneously: the arbitration to confirm the labor relationship is easily rejected, which will delay the time limit for recognition. It is more secure to directly apply for work-related injury recognition to the contracting unit and list the contractors as the actual employers. Clues to illegal subcontracting can be obtained from the construction license and the filing of subcontracting contracts. The specific approach can be referred to for reference.Labor arbitration and work-related injury compensationAndConstruction project disputesThe key points of the case handling.

IV. Practical suggestions and legal basis

According to Article 3, Paragraph 1, Item 4 of the above-mentioned judicial interpretation (implemented on September 1, 2014) and Article 17 of the "Regulations on Work-Related Injury Insurance" (promulgated on April 27, 2003 and amended on December 20, 2010), injured workers can directly claim work-related injury insurance liability from the contractor without first going through the process of confirming the labor relationship. It is recommended to follow four steps: First, seek medical treatment and keep the medical records, diagnosis certificates, and expense receipts; Second, request the contractor in writing to declare the work-related injury and keep the records. If the request is rejected, apply for compensation within one year; Third, report the illegal subcontracting to the construction or labor supervision departments; Fourth, when claiming compensation, list the contractors, subcontractors, and general contractors together.

5. Henglu Law Firm's Advice

The real enemy in such cases is time. Identification, appraisal, and arbitration of treatment are all interconnected, and once the time limit is exceeded, the situation becomes passive. The contractors' going missing doesn't mean there's no responsible party. Instead, we should focus on the contractors in the illegal subcontracting chain, as they are the only ones with the ability to compensate. Migrant workers should remember: not signing a contract doesn't mean there's no recourse. Attendance records, wages, and colleagues' testimonies can also prove the employment facts. Also, don't settle the matter privately first. Agreements that are obviously lower than the legal standards will be hard to overturn afterwards. For matters involving damage assessment and treatment, you can refer to the relevant provisions.Personal injury and medical disputesIf the other party fails to fulfill their obligations, you can take legal action against them in accordance with the contract.Creditor's rights and debts, and enforcementAdvance.Beijing Henglue Law FirmIt is recommended that you first secure the evidence after the accident, and then discuss the liability and compensation amount.

VI. Frequently Asked Questions

Q1: The contractor has run away. Who should be held responsible for the work-related injury?

As long as there is illegal subcontracting or contracting out, the contractors who have the qualification to employ workers shall bear responsibility. If the contractors go missing, it will not affect the claim against them, and the outcome will depend on the evidence of employment and the accident.

Q2: What evidence do I need to prepare?

The more comprehensive the materials that can reflect the employment chain are, the better, including worker's testimonies, work assignment and attendance records of the work team, gate access control or surveillance systems at the construction site, payroll receipts, IOUs, medical diagnosis records, and on-site photos.

Q3: How much does it cost to take this route?

Work-related injury identification and labor arbitration are free of charge. The cost of labor capacity assessment is usually hundreds of yuan, and the attorney's fees are negotiated in stages. In civil litigation, the acceptance fee is paid in advance according to the subject matter, and the burden ratio is determined by the court.

Q4: How long does the entire process take?

The determination of work-related injuries is generally made within 60 days, and the labor capacity assessment takes about 2 to 3 months. Subsequently, the arbitration and litigation stages often take several months each, and the overall process usually takes around a year.

Q5: What should I do first?

First, seek medical treatment to stabilize the injury, preserve evidence of employment, report the illegal subcontracting to the housing and urban-rural development department or labor supervision authority, and submit an application for work-related injury identification to the contractor within one year.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

VII. Related public cases (for reference, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Haidian District, Beijing City (the second-instance judgment was upheld)
[Judicial Summary]The contracting company illegally subcontracted the underground excavation project to Yang * who did not have the qualification to be an employer. Mr. He, who was hired by Yang *, was injured while digging earthwork at the project site. Although the effective civil judgment confirmed that there was no labor relationship between Mr. He and the contracting company, according to Article 3, Paragraph 1, Item 4 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-Related Injury Insurance", the contracting unit with the qualification to be an employer shall illegally subcontract or subcontract the contracted business to organizations or individuals who do not have the qualification. If the workers recruited by such organizations or individuals suffer work-related injuries or deaths, the contracting unit shall bear the responsibility for work-related injury insurance. The judgment dismissed the company's lawsuit request to revoke the work-related injury identification.
[Source]China Court Network (If a worker hired by a contractor suffers an industrial injury, does the contracting company need to bear the responsibility for the industrial injury?) (2023-12)

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Yanfeng District, Hengyang City, Hunan Province (the second instance upheld the original judgment)
[Judicial Summary]The project was subcontracted and transferred to natural person Liang * in layers. Li *, who was hired by Liang * himself, was injured on his right hand by the drilling hammer of the drilling rig during the drilling operation. The court determined that Li * had no actual labor relationship with either the employer or the subcontractor, but the subcontractor did not have the qualification for drilling projects and was an illegal subcontractor. The court ruled that the engineering company should bear the employer's responsibility for Li *'s work-related injury insurance benefits; after assuming the responsibility, the contractor has the right to seek compensation from the organization or individual who actually employed Li *.
[Source]The official website of the People's Court of Yanfeng District, Hengyang City, Hunan Province (Project subcontracting at multiple levels: Who is responsible for workers' injuries?) (2026-07)

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 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.