Who Is Responsible For The Injury Of The Excavator Operator

Excavators usually work in special environments, such as construction sites. Excavators are not an easy task. During the construction process, accidents sometimes occur, causing certain damage to the personal safety of the workers. What should I do if the hired person is injured?

1. Who is responsible for being employed by a private boss?

In fact, many excavator operators are employed by private individuals and are also employed by private bosses. What if the injured person is injured? According to Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, if an employer engages in labor activities causing personal injury, it shall be liable for compensation. Therefore, the responsibility of the operator for personal injury is borne by the employer.

2. Who is responsible for being employed by the company's employer?

There are also some excavator operators in the form of employers and other employers. The excavator operator will establish a labor relationship with the company. The unit should be social insurance, including work injury insurance on the machine. When the excavator is injured, the social security fund shall pay compensation for work-related injuries. If the employer does not purchase industrial injury insurance for the operator, it shall bear the responsibility within the scope of the work injury insurance liability.

3. Third party intentional injury

If the third party’s infringement or intentional injury causes personal injury to the operator, the responsible party of the third party shall bear the corresponding liability for compensation. The third party’s infringement is caused by the excavation of the operator. The employer shall bear joint and several liability. The employer who has not purchased the work injury insurance shall bear the responsibility for compensation for work injury.

4. It is best for the operator to obtain an operating permit.

From the point of view of the excavator operator, in fact, many operators did not get the excavator operation qualification certificate. The insurance company has the right to refuse compensation for accidents caused by excavator operators who have not obtained the work permit. Therefore, it is recommended that you obtain a nationally recognized work permit through an excavator training school, etc., so that the accident will not be passive and a manifestation of personal safety.

5. How should the employer be responsible for the machine?

Both the individual employer and the employer must bear certain responsibility for the personal safety of the employed operator. It is best for an individual employer to purchase personal accident insurance for the operator. Employers should provide work injury insurance for the machine. This is both the responsibility of the driver and the responsibility of the operator.