2. Be jointly and severally liable with the contractor.
The so-called joint and several liability refers to a kind of civil liability that two or more parties bear all or part of the debt or compensation liability according to the law or the agreement of the parties, which can cause their internal debt relationship.
Compared with the injured person, your family and the contractor are obliged to pay all the compensation. When your family takes responsibility, you can claim compensation from the responsible person according to the law or agreement.
According to Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases?
If a laborer causes damage to others in employment activities, the employer shall be liable for compensation; Workers who cause damage to others due to intentional or gross negligence shall be jointly and severally liable for compensation with the employer. If the employer is jointly and severally liable for compensation, it may claim compensation from the laborer.
Engaged in employment activities mentioned in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. The employee's behavior is beyond the scope of authorization, but its manifestation is or is intrinsically related to the performance of duties, which should be considered as "engaging in employment activities".
Article 10 Where the hiree causes damage to a third party or the hiree during the completion of the work, the hirer shall not be liable for compensation. However, if the ordering party is at fault in ordering, instructing or selecting, it shall bear the corresponding liability for compensation.
Article 11 Where a laborer suffers personal injury in employment activities, the employing unit shall be liable for compensation. If a third person other than the employment relationship causes personal injury to the laborer, the right holder of compensation may request the third person to bear the liability for compensation or the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it may claim compensation from a third party.
If employees suffer personal injury due to production safety accidents in their business activities, and the employing unit or subcontracting unit knows or should know that the employing unit that accepts the contract or subcontracting business does not have the corresponding qualifications or conditions for production safety, it shall be jointly and severally liable for compensation with the employing unit.
3, should actively negotiate with the contractor and the injured. If negotiation fails, you can ask a lawyer to take legal action.
Extended data:
Case: 20 17 10, Zhou, Zhao and Li were employed by Xu to build a chicken farm contracted by Zheng.
During the construction, the wall collapsed due to the fracture of the lintel, resulting in injuries to Zhou, Zhao and Li. After the accident, Xu sent Zhou, Zhao and Li to the hospital for treatment and paid all the medical expenses. After Zhou, Zhao and Li were discharged from the hospital, no one compensated for other losses.
In order to protect their legitimate rights and interests, Zhou, Zhao and Li respectively brought the legal representatives of the chicken farm, Xu, Zheng and Liu, to court.
After the trial of this case, Xu was sentenced to pay 57,000 yuan for Zhou, 48,000 yuan for Zhao and 43,000 yuan for Li, and Zheng and Liu were jointly and severally liable for repayment.
After the judgment came into effect, Xu, Zheng and Liu refused to perform their obligations. Zhou and others repeatedly urged Xu, Zheng and Liu to fail, so they applied to the court for enforcement. 2065438+February 2009, after the case entered the execution procedure, the execution police officers immediately served the execution notice to the executed persons Xu, Zheng and Liu, urging them to fulfill their corresponding obligations as soon as possible.
After the expiration of the performance time, the enforcement police contacted the three executed persons many times, but the three still refused to perform their compensation obligations and evaded execution. The executive police officers visited many times to find it.
2065438+On the morning of March 22, 2009, the executive police learned that the executed person Liu was at home, set out immediately and successfully arrested him to the court.
After being taken back to the court, Liu said: "I only bear joint and several liability for repayment. If Xu and Zheng have no money to pay back, I will pay back, but now they have not come forward to negotiate this matter. I think you will lose money if you perform. Now I can call them all to the court and negotiate compensation together. "
Therefore, the executive police asked Liu to contact Xu and Zheng to the court and inform the application executor. Near noon, Xu and Zheng came to the court one after another, and the executive police officers who had not had time to have lunch immediately organized consultations on compensation. In the end, the two sides reached an implementation settlement agreement.
On the same day, the executors Xu, Zheng and Liu * * * raised a total of RMB148,000, and paid compensation to Zhou, Zhao and Li respectively, and the case was successfully executed.
China Court Network-Hebi, Henan Province: Committed to the implementation of the three spring warmth to compensate injured migrant workers