[Direct answer]In the Beijing area, it's important to target the express delivery company rather than just the couriers – if a courier injures someone while delivering packages, it's considered a work-related accident, and the employer should bear the liability for infringement. However, in the express delivery industry, there are multiple subcontractors, so the actual employer may not be the brand company but the branch contractors or franchise companies. Before filing a lawsuit, it's crucial to identify "who hired the worker". If the defendant 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 individual courier (leading to enforcement difficulties) and omitting the actual employer (resulting in an ineffective judgment).

1. Problem background and typical scenarios

A courier on a three-wheeled delivery vehicle was knocked over and fractured his leg at an intersection. The courier simply said, "I'm just a worker," and walked away. When he tried to contact the customer service of the delivery company, he received a reply, "The outlet is contracted, and it has nothing to do with us." The labyrinth of responsibility 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 conflicts between insurance and liability. Fourth, the accounting of compensation items.

III. Professional analysis by Henglue Lawyers

The first layer concerns the rules of liability attribution: If an employer's staff cause harm to others while performing work duties, the employer shall bear tort liability. For example, if a courier causes an accident while picking up or delivering packages, this constitutes performing work duties, and the compensation subject is the "employing unit". In the case of labor dispatch, the employing unit is responsible; for contractual relationships (where couriers use their own vehicles and settle payments independently), liability determination is more complex. However, management traces such as dispatch systems, work uniforms, and performance assessments point to an employment relationship or de facto employment - the more the management resembles an employer, the more liability they must bear. The second layer focuses on the transparency of employment entities: courier brands (headquarters) - franchisees (regional companies) - stations (contractors) - couriers. Determining the "employing party" requires piecing together evidence: wage transfer records (who issued the payments), social insurance payment records, recruitment information, contracting parties of dispatch apps, and identification badges and uniforms. In litigation, franchisees and stations are jointly listed as defendants. If the court identifies the actual employing party, the brand may also bear joint or corresponding liability. Do not let the phrase "it's none of our business" dismiss responsibility. The third layer involves insurance and procedures: couriers who purchase third-party liability insurance (including non-motor vehicle third-party insurance) for their three-wheeled vehicles shall be compensated directly by the insurer within the insurance limits and be included in the lawsuit. Report the accident immediately to the police, and the traffic police's liability determination document serves as the basis for claims. Property damage without injuries follows the same process. After the determination document is issued, claims are settled according to liability ratios: if the courier is fully liable, the employer shall compensate in full; if both parties are responsible, they shall share the liability proportionally. The fourth layer focuses on compensation and preservation: including medical expenses, loss of income (common disputes over compensation for courier accidents require advance preparation of income proof and tax payment records), nursing care expenses, and disability compensation. For cases where outlets lack enforcement capacity, apply for property preservation (freezing accounts, seizing vehicles) concurrently with litigation. Franchisees typically have greater solvency than individual couriers - the order of defendants in enforcement decisions depends on the assets of the responsible parties, and compensation claims should target entities with assets.

IV. Practical suggestions and legal basis

The first step is to report the accident to the police and obtain the Certificate of Determination of Liability for the Accident; the second step is to fix the express delivery staff's ID cards, work uniforms, dispatch records, and transfer records to identify the employing entity; the third step is to sue the actual employing unit and the insurance company as co-defendants; the fourth step is to apply for property preservation simultaneously to ensure enforcement. The main legal basis is 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 Cases of Damage Compensation for Road Traffic Accidents; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

Three key points regarding express vehicle accidents: the unit responsible for the task should take responsibility, not just target the individual courier; the subcontracting process needs to be fully investigated; and ensuring both insurance coverage and compensation payments are made to the party with sufficient assets. For personal injury claims arising from express vehicle accidents, please refer to the following channels for assistance:Personal injury and medical disputesThe service obtains an overall solution, and the recognition of the couriers' labor relations can be integrated into it.Labor arbitration and work-related injury compensationFor reference, you can refer to the section on the enforcement of compensation paymentsCreditor's rights and debts, and enforcementFor any questions regarding difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Is it the courier who compensates personally, or is it the courier company that compensates?

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

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

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

Q3: Do express delivery vehicles have insurance?

Most outlets insure three-wheeled vehicles with third-party liability insurance, and the insurance company will pay compensation within the limit. When suing, the insurer will also be listed as a defendant.

Q4: How to prove the loss of work time?

The salary statement, tax payment records, and the unit's proof of loss of working time form a chain; for those with no fixed income, the claim should be based on the average income of the past three years or the standards of the same industry.

Q5: What should I do if I'm worried that the branch might not be able to compensate me?

Suing the franchising company and applying for property preservation at the same time ensures that the compensation claims will be imposed on the entity that has 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 regional differences.

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. →Personal injury legal services·Beijing Henglu 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. In case of disputes, please consult a practicing lawyer in time.