An Analysis On The Case Of Personal Injury Compensation Between The Plaintiff Tan And The Defendant Hong And Yun

With the steady development in new rural construction,great changes have taken place in rural areas.Farmers' incomes have been increasing,and there is an urgent need to improve their living conditions.Therefore,it is very common for the renovation and reconstruction of houses.However,in the process of construction,the contractors are mostly local farmers who have no professional skills,combined with legal awareness,weak awareness of safety,weak regulatory power and other factors,resulting in a large number of disputes.This case is a typical rural housing in the provision of the responsibility of the victims of liability disputes.Homeowner Hong gave an old house demolition work to Party Yun,and Yun organized Party Tan and other parties to undertake the project with seven people.Tan seriously injured in the course of work,identified by the seven constitute disability.Hong and Yun both didn't want to take responsibility for injury of Tan,so Tan sued to the court.The court during the trial,had a heated debate on the commitment and responsibility of both parties:did Hong and Yun constitute contract relationship or labor relations;the existence of the employment relationship and labor relations dispute between Yun and Tan;Tan in the new rural cooperative medical reimbursement of medical expenses could be offset the obligation of infringers' compensation.According to contract law,tort law,social insurance law and other laws and regulations,combined with the related legal form,it can be concluded : Hong and Yun constitute a contract relationship,and Hong should take responsibility for his lax review.Yun and Tan constitute personal labor relations,and Yun as a contractor,there is a poor supervision of the construction of the negligence,so he should be liable for the employee injury.Tan as a construction personnel,should be liable for the safety duty of care,and bear some responsibility for his own injury.The new rural cooperative medical system has gradually covered rural residents.When rural personal injury occurs in building houses,the enjoyment of the right of infringement claims and social insurance payment are not in conflict,and it does not constitute a repeat fill.The case of tort for social insurance reimbursement for medical expenses can not be applied to the principle of profit and loss offset,and Tan from the medical insurance sector reimbursement of medical expenses can not be reduced in the total amount of compensation for infringement.In addition to the correct application of the law,the relevant functional departments can strengthen the supervision and management of rural construction teams,improve and perfect the construction supervision and management system,carry out the construction safety knowledge propaganda and legal education activities,as far as possible to reduce the incidence of casualties,maintaining the rural social harmony and stability.