five, Jiang Moumou and Moumou Chongqing Construction Company Limited benefits of the work injury insurance dispute case judge gist: employer violates the laws and regulations of the contracting business subcontracted to the organization or natural person does not have the qualification of labor, the organization or individuals employed workers engaged in contracting business for work-related injuries, labor units assume responsibility for injury insurance units. Whether there is labor relationship between the casualties and the labor unit does not affect the employment unit's work injury insurance liability.

    basic facts: July 5, 2012, Chongqing XX Construction Company Limited (hereinafter referred to as XX construction company) signed the "construction contract" with the Kaixian Institute of traditional Chinese medicine, Chinese Medicine Hospital of Kaixian medical building will be agreed by the engineering construction company construction in a Kaixian Hospital of traditional Chinese medicine. In May 9, 2013, a certain construction company and bell signed a "carpentry sub project contract agreement", the project will be contracted to a certain clock. After Zhong Moumou recruited Jiang Moumou to the site engaged in carpentry. August 9, 2013, Jiang Moumou accidentally saw the left hand saw a saw. May 20, 2014, Wanzhou District, Chongqing District human resources and Social Security Bureau found that the nature of the injured Jiang Moumou injury. Certain construction company refused to accept the administrative proceedings, but its request was rejected by the people's court. July 17, 2014, Wanzhou District, Chongqing district labor Identification Committee found that Jiang Moumou disability level for the land, no care dependency. In February 10, 2015, Jiang Moumou application for arbitration, the request to the construction company to pay its decision by the company to pay the insurance treatment.

    the court that, according to the provisions of "" the Supreme People's Court on Several Issues concerning the trial of administrative cases of work-related injury insurance regulations in article third, employment in violation of laws and regulations will be subcontracted to contracting business does not have the qualification of labor organization or natural person, the organization or individuals employed workers engaged in contracting business because workers are injured, labor units to undertake work-related injury insurance units. In this case, because some construction companies will work to individual woodworking project contracting qualified Zhong Moumou, Zhong Moumou and Jiang Moumou recruits engaged in carpentry work, Jiang Moumou at the site of injury, even if certain construction company and Jiang Moumou between labor relations do not exist, but according to the above provisions, shall be made by certain construction company assume responsibility for injury insurance, and the decision to support the Jiang Moumou lawsuit.