[Direct answer]In the Beijing area, who is responsible for injuries suffered by domestic workers during their work depends on the form of employment, rather than the location of service. Firstly, if the domestic workers are recruited, managed, and dispatched by domestic service companies and have a labor relationship with the companies, it constitutes a work-related injury, and the companies shall bear the responsibility for work-related injury insurance. Secondly, if the domestic workers are directly hired by natural persons and paid on a per-service or monthly basis, it constitutes a personal labor relationship. According to Article 1192 of the Civil Code of the People's Republic of China, if the service provider suffers harm during the provision of services, the parties shall bear corresponding responsibilities according to their respective faults. Thirdly, if the domestic intermediaries only provide information matching services and do not participate in management, they generally do not bear responsibility. Therefore, after an injury occurs, it is necessary to first identify the form of employment and fix the evidence of payment and the scene of operation, and then determine the object of claim.

I. Problem Background and Typical Scenarios

Domestic service-related injury disputes are common in scenarios such as live-in nannies, hourly workers, maternity nurses, and elderly care. Typical situations include: employers hiring directly through introductions by acquaintances, with only verbal agreements and payment via bank transfer or cash; domestic service companies dispatching staff but failing to sign labor contracts or pay social insurance, with the company denying employment after an accident; injuries occurring during tasks such as window cleaning, ladder climbing, and floor mopping, with both parties disagreeing on whether they fulfilled their obligations to provide safety warnings and take precautions. Such disputes are often classified as labor relations or service relationships based on the form of employment, and liability is determined according to the degree of fault. It may be helpful to first consider the following factors:Labor arbitration and legal services for work-related injury compensationDetermine the path.

II. Key points of contention

The dispute focuses on three points. First, the determination of the employment form: if the domestic worker signs a labor contract with the agency, accepts the scheduling and assessment, and is paid by the agency and subject to social insurance, it belongs to a labor relationship and can proceed with the work-related injury process; if the employer selects and directly commands the domestic worker and pays the agreed remuneration, it belongs to a personal service relationship and applies fault liability. Second, the degree of fault and the proportion of liability: whether the employer fulfills the obligations of safety warning, environmental protection, and protection, and whether the domestic worker has the corresponding skills and fails to fulfill the obligation of due diligence are the two ends of the division of liability; the more casual the hiring is and the more lacking the safety warning, the higher the proportion of liability borne by the employer is usually. Third, the compensation items and insurance connection: medical expenses, nursing care expenses, loss of income, disability compensation, etc. are shared according to the proportion of liability, and the employer's liability insurance and domestic accident insurance can be compensated first. Disputes over injuries and expenses can be referred to for resolution.Personal injury and medical dispute servicesEvaluate and identify the necessity of it.

III. Professional analysis by Henglue Law Firm

Based on practical observations in handling domestic service employment disputes, there are two steps in determining the nature of such cases. The first step is to determine the nature of the relationship: clarify who pays the compensation, who arranges the work, whether the worker accepts attendance or assessment, and who provides the work clothes and tools. If the domestic service company recruits and assigns tasks and exercises management after hiring, it should claim a labor relationship and follow the work-related injury identification procedures; if the employer directly selects and pays the worker on a per-service basis, the case should be handled as a dispute over the liability for harm caused by the provider of services. The second step is to calculate the proportion of liability: if the employer fails to inform the worker of the operational risks, provide safe working conditions, or take protective measures, it is generally deemed at fault; if the domestic worker should have been aware of the inherent risks of window cleaning and ladder climbing and failed to exercise due diligence, they should bear corresponding responsibility. Henglue Law Firm typically recommends starting with medical records, disability appraisals, on-site photos, and communication records, and then claiming medical expenses, nursing care fees, loss of income, and disability compensation based on the proportion of liability. If the domestic service company evades employment responsibilities under the guise of being an intermediary, it can refute this by retrieving the assignment records and settlement records. The determination of the responsible party can be further clarified based on these materials.Business and contract dispute resolution services for enterprisesLet's review and discuss it together.

IV. Practical suggestions and legal basis

Legal basis: Article 119 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021) (Where the party providing services suffers damages due to the provision of services, the responsibility shall be borne according to the respective faults of both parties); Article 119 of the Civil Code of the People's Republic of China (liability for the employer's fault in instructing or selecting contractors); Article 179 of the Civil Code of the People's Republic of China (scope of compensation for personal injury); Article 2 and Article 14 of the Work Injury Insurance Regulations (promulgated on April 27, 2003, amended on December 20, 2010, and implemented on January 1, 2011) (identification of work-related injuries in the context of labor relations). Practical suggestions: - Specify the service content, remuneration, safety tips, and insurance arrangements before signing the contract; - Employers should clean up slippery floors, inspect ladders and electrical equipment, and, if necessary, highlight risks and keep records; - Seek medical treatment immediately after an accident and retain medical records, receipts, and photos of the scene; - If the insurance claim is denied, first negotiate with the insurer. If no agreement is reached, promptly file a lawsuit and apply for enforcement. For enforcement procedures, please refer to the relevant guidelines.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Reminder

The difficulty of domestic service disputes lies in the employment form and the proportion of fault, rather than the principle of "whoever gets injured at whose home should compensate for all the losses". Three reminders: First, determine the nature of the relationship before discussing compensation. For labor relations, follow the work-related injury compensation process; for natural persons directly hiring workers, claim compensation based on the labor relationship and the proportion of fault. Second, oral agreements are the greatest source of risk. The more vague the payment method, service scope, and safety tips are, the more difficult it will be to provide evidence afterwards. Third, employer liability insurance and domestic service accident insurance can serve as supplementary compensation, but insurance compensation does not automatically exempt employers from their fault liability. For more serious injuries and greater disputes over responsibility, it may be necessary to seek legal assistance.Special services and other case-related servicesEvaluate the disability assessment and litigation plan.

VI. Frequently Asked Questions

Q1: Can domestic workers get compensation if they are injured and file a claim for damages?

Whether compensation can be obtained and the proportion of compensation depend on the form of employment and the division of fault. If there is a labor relationship with the household service company, you can apply for work-related injury identification and enjoy work-related injury insurance benefits; if it is a personal service relationship between natural persons, the parties shall bear responsibility according to their respective faults in accordance with Article 1192 of the Civil Code. The employer shall compensate according to the proportion of fault if he fails to fulfill his obligations of safety warning and protection, and the household service personnel shall bear the corresponding part of the compensation if they fail to fulfill their obligations of prudent attention. It is necessary to fix the evidence as soon as possible, clarify the form of employment, and then determine the claimants and the proportion of compensation.

Q2: What evidence do I need to prepare for such cases?

It is recommended to collect evidence from four aspects: First, evidence of employment and compensation, including service contracts or chat records, testimonies of introducers, salary transfers or cash receipts; Second, evidence of operations and accidents, including on-site photos and videos, the condition of tools and ladders, and witness testimonies; Third, evidence of damage consequences, including medical records, diagnosis certificates, medical expense receipts, certificates of loss of income and nursing care, and opinions on disability assessment; Fourth, WeChat messages with employers and domestic service companies, call recordings, and records of compensation negotiations. The more complete the evidence is, the more basis there will be for determining the proportion of fault and the amount of compensation.

Q3: How much does it cost to file a claim, and who bears the appraisal fee?

The litigation fees for civil litigation are calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation request and are borne by the losing party or shared proportionally according to the outcome of the case; the appraisal of disability levels requires the advance payment of appraisal fees, which are generally shared by both parties according to the proportion of liability. Lawyer's fees are determined based on the complexity of the case, the amount of the dispute, and the workload, either on a fixed-fee or hourly basis, and are subject to the terms of the retainer agreement, with no unified standard. If there is an employment relationship with the domestic service company, labor arbitration is free of charge, and the litigation of labor disputes generally costs 10 yuan per case. It is recommended to first assess the amount that can be claimed and the proportion of liability, and then determine the cost input.

Q4: How long does it take from filing a lawsuit to receiving compensation for a work-related injury in the domestic service industry?

The timeframe depends on the legal process and the appraisal. If pursuing civil litigation, the first-instance ordinary procedure typically takes six months, and the summary procedure takes three months. If a disability appraisal is required, the appraisal period is generally not included in the trial time limit and will be extended accordingly. For appeals, the second-instance procedure typically takes three months. If the case involves labor relations and follows the work-related injury procedure, it will also require work-related injury identification and labor capacity appraisal, which may take even longer. If the other party fails to fulfill their obligations after the judgment takes effect, it will be necessary to apply for compulsory enforcement. It is recommended to apply for property preservation simultaneously and complete the appraisal as soon as possible.

Q5: What should be done first when a domestic worker is injured?

It is recommended to follow four steps: Firstly, seek medical treatment immediately and keep the medical records, diagnosis certificates, and expense receipts. For more serious injuries, apply for a disability assessment after the condition stabilizes. Secondly, secure evidence from the scene and communicate with relevant parties, including taking photos of the scene, checking the condition of the ladder and electrical equipment, and recording the chat logs and phone calls with the employer and the household service company. Thirdly, identify the employment form and collect proof of payment, dispatch records, and testimonies from introducers to determine whether it is an employment relationship or an individual labor service relationship. Fourthly, choose the appropriate path based on the findings: for employment relationships, apply for labor arbitration and work-related injury identification within one year; for individual labor service relationships, first attempt negotiation. If no agreement is reached, file a lawsuit in court for the victim's liability dispute in labor service, and claim compensation according to the proportion of fault.

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

VII. Relevant 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 No.]The case number has not been made public.
[Trial Court]The People's Court of Shanghe County, Fujian Province (case involving a dispute over the liability for harm to a service provider)
[Judicial Summary]Wen * hired Aunt Chu to provide home care services for her elderly mother through an introduction. The two parties only verbally agreed on the home care services and a monthly labor remuneration of 3,500 yuan, without signing a written service contract. While mopping the floor at Wen *'s home, Aunt Chu accidentally fell and was injured, resulting in a level 10 disability. The court held that Wen * directly hired Aunt Chu to provide labor services, but failed to provide evidence to prove that she had been informed of the safety risks of the work, nor did she provide a safe working environment or take protective measures, thus bearing some fault; while Aunt Chu was familiar with the working environment, she failed to wring out the mop before mopping and failed to fulfill her obligation of exercising caution, thus bearing the main fault. Based on the degree of fault, the court ruled that Wen * should bear 25% of the compensation liability, and Aunt Chu should bear 75% of the compensation liability herself.
[Source]Fujian Chang'an Net (Shanghe County People's Court: Who should bear responsibility for the nanny's injury from falling while mopping the floor, only with an oral agreement on domestic service) (2026-01)

[Case No.]The case number has not been made public.
[Trial Court]Beijing Haidian District People's Court (case of liability dispute over injuries suffered by a live-in nanny)
[Judicial Summary]Ms. Wang was working as a live-in nanny for Mr. Li's family when she fell from a ladder while tidying up the vegetable garden and sustained injuries. The court held that Ms. Wang was injured while providing services to Mr. Li's family, and Mr. Li, as the employer, had an obligation to supervise and provide safety warnings but failed to fulfill it. He should have foreseen the danger of Ms. Wang climbing ladders and jumping over walls to tend to the vegetable garden and taken measures to warn her about the risk of falling. Ms. Wang, as a person with full civil capacity, also had an obligation to exercise caution and was partially at fault. Accordingly, the court determined that Ms. Wang should bear 30% of the responsibility and Mr. Li should bear 70% of the responsibility. The court ruled that Mr. Li should compensate Ms. Wang for medical expenses, nutritional expenses, hospitalization subsidies, disability compensation, nursing care fees, loss of income, and transportation costs, totaling more than 160,000 yuan.
[Source]The official website of the People's Court of Haidian District, Beijing City (A live-in nanny was injured while gardening, but the employer said it had nothing to do with him. Should the employer compensate her?)(2024-02)

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. →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.