According to the case | Should the employer be liable for compensation when the baby sitter is injured at work?

2022-10-09

In the case, Lao Li's mother was too old to take care of herself. Most of her brothers and sisters were away from home and had no time to take care of them. Lao Li met Xiao Zhang, a nanny, through a relative introduction, and the two sides reached an employment agreement. During a daily care, Xiao Zhang fell down accidentally. He was diagnosed as a lumbar fracture by the hospital and was hospitalized later. Lao Li and Xiao Zhang have a dispute over the bearing of compensation costs. Lao Li believed that Xiao Zhang was injured for his own reason, not his own, so he did not agree to bear the liability for compensation. Xiao Zhang believes that he was injured while taking care of the elderly in Lao Li's family, and Lao Li should bear the liability for compensation. Should Lao Li be liable for compensation? It depends on the fault of both parties. Article 1192 of the Civil Code stipulates that if a labor service relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability. After assuming the liability for infringement, the party receiving the labor service may recover the compensation from the party providing the labor service with intent or gross negligence. If the party providing the labor service suffers damage due to the labor service, it shall bear corresponding liabilities according to the respective faults of both parties. (Liu Xinshe)

Edit:Yi Bing    Responsible editor:Wei Li Bin

Source:people.com.cn

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