In the era of digital economy, relying on various Internet platforms, a large number of new business practitioners who rely on platforms for employment have emerged. While pursuing freedom and flexibility in their work, these practitioners often face the dilemma of safeguarding their rights when their rights and interests are damaged. Basic case: Xiao Zhang is a takeout rider employed by a company. One day, Xiao Zhang received the order delivery task through the delivery platform, and was injured after a traffic accident with a motor vehicle on the way to deliver food. The traffic police department confirmed that Xiao Zhang was not responsible for this accident. After the accident, Xiao Zhang was sent to the hospital for treatment. He was diagnosed with multiple fractures, which were identified as Grade 9 disability. A company has insured employer's liability insurance with an insurance company. According to the insurance terms, if an accident (including a traffic accident) occurs to a rider during shift arrangement or order delivery, and it can be identified as an industrial injury in accordance with Articles 14 and 15 of the Regulations on Industrial Injury Insurance, the insurance company shall bear the liability for compensation, including medical expenses, disability compensation, lost time expenses, nutrition expenses, etc. After the treatment, Xiao Zhang failed to communicate with the insurance company to settle the claim, so he filed a lawsuit to the court. During the lawsuit, the insurance company argued that both the applicant and the insured of the employer's liability insurance involved in the case were Xiao Zhang's company rather than Xiao Zhang himself, and there was no insurance contract relationship between them, so they did not intend to compensate Xiao Zhang. In addition, this accident was caused by the infringement of a third party, and Xiao Zhang should claim all losses from the infringer. Judgment result: Tongliao Railway Transport Court of Inner Mongolia Autonomous Region held that Xiao Zhang, as an employee of a company, was injured due to a traffic accident during his work in the delivery business, and the company has the obligation to compensate him. His company has insured the employer's liability insurance with the defendant. As a third party of the liability insurance, Xiao Zhang has the right to claim compensation directly from the insurance company for the part of compensation that he should obtain in accordance with the provisions of the second paragraph of Article 65 of the Insurance Law of the People's Republic of China. The injury of Xiao Zhang fully conforms to the scope of insurance liability involved in the case, and the reason for refusal of compensation proposed by the defendant's insurance company cannot be established. Finally, the court decided that the defendant's insurance company would compensate Xiao Zhang for his medical expenses, disability compensation, lost time expenses, nutrition expenses, etc., totaling more than 110000 yuan. Neither party appealed. The judge said that, according to the second paragraph of Article 65 of the Insurance Law of the People's Republic of China, if the insured of liability insurance causes damage to a third party and the insured's liability for compensation to the third party is determined, the insurer shall, at the request of the insured, directly compensate the third party for the insurance benefits. If the insured is negligent in making the claim, the third party has the right to directly claim compensation from the insurer for the part that should be compensated. The employee who has one of the following circumstances in Item (1) of Paragraph 1 of Article 14 of the Regulations on Industrial Injury Insurance shall be recognized as industrial injury:. This case is a dispute over liability insurance contract arising from this. Liability insurance refers to the insurance with the subject matter of the insured's liability for compensation to the third party according to law. The company that employs Xiao Zhang is the insured in the liability insurance, and Xiao Zhang is the "third party" in the liability insurance. Xiao Zhang was injured accidentally during the meal delivery
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
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