[Direct answer]In the Beijing area, when seeking compensation from a courier company rather than just targeting the courier himself—if the courier injures someone while delivering packages, this falls under the scope of work duties, and the employer should bear the liability for infringement; however, the courier industry often involves multiple subcontractors, so the actual employer may not be the courier brand but rather the branch contractors or franchise companies. Before filing a lawsuit, it's crucial to first identify "who hired the courier"; if the victim has third-party liability insurance or non-motor vehicle insurance, the insurance company should also be listed as a defendant; individuals should be aware of two pitfalls: only suing the courier individually (resulting in enforcement difficulties) and omitting the actual employer (leading to an unsuccessful judgment).

1. Problem background and typical scenarios

A courier on a three-wheeled delivery vehicle was knocked over and fractured his leg at a traffic intersection. The courier simply shrugged his shoulders and walked away, saying, "I'm just a worker." When the victim tried to contact the courier company's customer service, they replied, "The branch is contracted out, so it's not our responsibility." The maze of accountability is the first hurdle in such compensation claims.

II. Key points of contention

First, the determination of work tasks to be performed. Second, the tracing and investigation of the employing entities. Third, the handling of the concurrence of insurance and liability. Fourth, the accounting of compensation items.

III. Professional analysis by Henglue Law Firm

The first layer is the rules of liability attribution: If an employee of the employing unit causes damage to others while performing work tasks, the employing unit shall bear tort liability. For example, if a courier causes an accident while picking up or delivering packages, it is considered performing work tasks, and the compensation subject is the "unit that pays the salary". For labor dispatch, the employing unit is responsible; for contractual relationships (where couriers use their own vehicles for independent settlement), the liability determination is more complex. However, management traces such as dispatch systems, work uniforms and badges, and evaluation and fines point to an employment relationship or de facto employment—the more the management resembles an employer, the more liability will fall on them. The second layer is the transparency of employment entities: courier brands (headquarters)—franchisees (regional companies)—stations (contractors)—couriers. Determining who "hires whom" requires evidence piecing together: wage transfer records (who issued the payment), social insurance payment records, recruitment information, the contracting party of the dispatch app, and work badge and uniform logos. When suing, list both the franchise company and the station as defendants. If the court identifies the actual employing entity, it will order them to bear liability. The brand may also bear joint or corresponding liability if it knows about illegal subcontracting or the station's lack of qualifications, so don't be deterred by the phrase "it has nothing to do with us". The third layer concerns insurance and procedures: If a courier tricycle is insured with third-party liability insurance (including non-motor vehicle third-party insurance), the insurance company will directly compensate within the insurance limit and be included in the lawsuit. Report the accident immediately to the police, and the police's liability determination letter will serve as the basis for claims. Property damage without injuries follows the same path. After the determination letter is issued, claims are made according to the liability ratio: if the courier is fully responsible, the employing unit will compensate in full; if both parties are responsible, they will share the liability proportionally. The fourth layer involves compensation and preservation: including medical expenses, loss of income (courier accidents often involve disputes over loss of income, so prepare income certificates and tax records in advance), nursing care expenses, and disability compensation. For cases where the outlet lacks the ability to enforce judgments, apply for property preservation (freezing their accounts and seizing vehicles) simultaneously with the lawsuit. Franchise companies are generally more financially capable than individual couriers—the order of defendants in enforcement decisions depends on the assets of the entities involved, and compensation claims should be directed at entities with assets.

IV. Practical suggestions and legal basis

The first step is to report the case to the police and obtain the Certificate of Determination of Liability for the Accident; the second step is to fix the courier's employee badge, work uniform, dispatch and transfer records to identify the employing entity; the third step is to sue the actual employer and the insurance company as co-defendants; the fourth step is to apply for property preservation to ensure the execution of the judgment. The main legal basis includes Article 119 and Article 117 of the Civil Code of the People's Republic of China, Article 76 of the Road Traffic Safety Law of the People's Republic of China, and the relevant provisions of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Damage Compensation Cases in Road Traffic Accidents; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points regarding express delivery vehicle accidents: the unit responsible for the task should bear the responsibility, not just targeting individual couriers; the multiple subcontracting layers need to be thoroughly investigated; the issues of wages, social insurance, and task distribution are interconnected; and insurance and asset preservation should be addressed simultaneously, with compensation ultimately falling on the main entity with sufficient assets. For personal injury claims arising from express delivery vehicle accidents, parties involved can seek legal redress through the following channels:Personal injury and medical disputesThe service obtains an overall solution, and the identification of the courier's labor relations can be integrated into it.Labor arbitration and work-related injury compensationFor plates involving the enforcement of compensation payments, you can refer to the relevant information for reference.Creditor's rights and debts, and enforcementFor any questions regarding difficult cases, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Is it the courier who pays the compensation, or the express company?

If the courier causes damage to others while performing his work duties, the employing unit shall bear the tort liability, and the courier himself shall not directly compensate the victims.

Q2: The brand said that the outlets are contracted out. Is it really irrelevant?

No, of course not. The actual employer will be identified based on the evidence of wages, social insurance, and dispatch orders. In the case of illegal subcontracting, the brand owner may bear corresponding responsibilities.

Q3: Do express delivery vehicles have insurance?

Most outlets insure tricycles with third-party liability insurance, and the insurance company will pay compensation within the limit. When a lawsuit is filed, the insurance company will also be listed as a defendant.

Q4: How to prove the loss of working time compensation?

The salary records, tax payment records, and the unit's proof of work stoppage form a chain; those without fixed incomes may claim based on the average income of the past three years or the industry standard.

Q5: What should I do if I'm worried that the outlet won't be able to compensate me?

Suing the franchising company and applying for property preservation together, and the claim for compensation should be directed at the entity with the ability to pay.

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

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 limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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.