The crowdsourcing rider of the takeaway platform was injured by the fallen tree. Is it a work injury? Who will bear the responsibility?
Crowdsourcing rider injury claims are confused by "rules"
Meituan crowdsourced rider Huang Changshou was injured by a tree that suddenly fell on his work. When making a claim, the takeaway platform stated that the crowdsourcing rider did not sign a labor contract with the platform, and Huang Changshou was not in the delivery state when the accident occurred, and he did not enjoy accident insurance claims. The gardening department stated that it can only be compensated according to the insurance coverage of 11,000 yuan. Faced with high medical expenses, Huang Changshou fell into confusion and confusion.
In Yao Village, Xinyang Road, Nanning City, the brick-and-tiled buildings and rooms are criss-crossed by unknown trails, blurring people’s sense of direction. Huang Changshou’s temporary rental house is here. On August 9, the reporter saw Huang Changshou who was lying on the bed.
"The bank has also called over the past few days. Some of the money will be on the repayment date soon, but there is no money now." Huang Changshou said bored.
Huang Changshou is a Meituan crowdsourcing rider. He was hit by a tree that suddenly fell on his work two months ago. After that, his life has changed tremendously. He also had to embark on an unsatisfactory road to claim compensation. .
Big tree that fell suddenly
On the afternoon of June 10, a heavy rain raided Nanning. As usual, Huang Changshou wore the rider's exclusive yellow helmet and rode an electric bike on the work road. When I came near Guangxi Vocational and Technical College of Industry, the big tree on the roadside was suddenly knocked down by the strong wind and hit Huang Changshou who was riding a bicycle.
The tree hit Huang Changshou on the head first, and then hit his waist. Huang Changshou's leg was also injured, unable to move. He was rushed to Guangxi Nationalities Hospital. After diagnosis, Huang Changshou suffered from closed chest injury, right rib fracture, lung contusion, multiple fractures throughout the body, and soft tissue contusion. His eyelids were also inflamed from bruises.
After paying the emergency medical expenses of more than 3,000 yuan, Huang Changshou spent more than 40,000 yuan in the following month. When Huang Changshou was in the rescue room, personnel from the local garden bureau and Meituan came to visit him and told him not to worry about medical expenses.
Until the date when Huang Changshou reached the discharge standard, except for the advancement of 11,000 yuan in treatment costs by the Bureau of Landscape Architecture according to the amount of forest insurance purchased by the Nanning City Green Project Management Center, other expenses have not yet been paid.
Who will bear the multiple responsibilities
Unlike the exclusive rider of Meituan, Huang Changshou belongs to the crowdsourced rider. Crowdsourcing riders only need to register a mobile phone account, provide ID card and health certificate to freely take orders, and do not sign a labor contract with the Meituan platform.
Although the crowdsourcing rider has accident insurance at Meituan, Meituan Nanning regional staff member Shen said in an interview with local media that Huang Changshou was not in the state of dispatching orders at the time of the accident, but on the way to work. According to the insurance regulations of crowdsourced riders, crowdsourced riders will only pay an accident insurance premium of 3 yuan per order when they start to take orders every day. Therefore, Huang Changshou cannot enjoy this accident insurance.
So, should Meituan take responsibility? Huang Changshou approached the lawyer Liang Yu for consultation. Liang Yu said that this firstly depends on whether there is a work injury. On the other hand, it is necessary to judge whether Meituan is at fault in terms of infringement. Based on the nature of Huang Changshou's work, Liang Yu believes that it is difficult to identify a work injury and does not constitute a labor contract relationship.
"At that time, Huang Changshou was injured by a tree on the way to the area he was in charge of, and he did not take the order. The rider could only take the order when he went to the area he was serving. If he was injured after receiving the order, the situation would be different." Liang Yu Explained.
There is no definite result from the Landscape Bureau and the Green Project Management Center.
Tang Jun, a security officer of the Greening Management Center, said in an interview with local media that because Huang Changshou did not negotiate with them on the follow-up of medical expenses, but only verbally proposed compensation for treatment costs and losses, there is no final result on how to share the responsibility .
Huang Changshou told the "Workers Daily" reporter that during his hospital stay, the Bureau of Landscape Architecture remitted 5,000 yuan and 6,000 yuan to him in turn according to the forest insurance coverage of 11,000 yuan, and did not remit the money afterwards. He called the greening project management center responsible for insurance management, and the relevant staff told him that according to the forest insurance share purchased by the Landscape Bureau, he can only compensate 11,000 yuan for medical expenses at present, and let him advance the remaining expenses by himself. .
Since the treatment could not be delayed, Huang Changshou borrowed money from his younger brother, other relatives and banks and collected more than 30,000 yuan in expenses. Regarding the medical expenses of more than 30,000 yuan, he said that he had been in contact with the Landscape Bureau and the Greening Project Management Center ever since he was hospitalized. When inquiring the Bureau of Landscape Architecture, the Bureau of Landscape Architecture told him that he could not pay the 30,000 yuan, and told him to consult the Greening Management Center. When he went to consult the Greening Management Center, he was told that there was only 11,000 yuan insured for medical expenses as compensation. If more compensation is needed, he needs to consult the Forestry Bureau.
"I don't know what to do." Huang Changshou was helpless. He felt like a ball being kicked around. Regarding the reason for not being able to pay the 30,000 yuan, he said that the Bureau of Landscape Architecture had not told him why. .
"Can't afford to wait through judicial procedures"
Huang Changshou said that until August 9, he was still negotiating with the Bureau of Landscape Architecture.
Huang Changshou told reporters that in 2018, his father was ill and needed a treatment fee. In order to treat his father, he chose to be a rider. "Working fourteen or five hours a day, he can earn seven to eight thousand yuan a month, and he can also afford medical expenses." But now, according to the doctor's advice, he cannot engage in physically exhausting work within a year. At the same time, he also needs to support his children and his mother. He also spent hundreds of thousands of yuan on treating his father before. If he can't get the follow-up compensation, he can't afford it.
According to the Tort Liability Law, if a forest tree breaks and causes damages, the forest manager or owner shall bear the corresponding tort liability if they cannot prove that they are not at fault. Liang Yu said that according to the Regulations on Disability Caused by Human Injury, Huang Changshou should bring along hospital records and other materials for disability identification after 3 months, and negotiate with the Bureau of Landscape Architecture after the results are available. In addition, you can also choose Legal proceedings.
"The best way to negotiate is to negotiate." Huang Changshou said, going through the judicial process, I can't afford to wait.
Huang Changshou said that he had borrowed a lot of money from relatives and friends for treatment, and he needed to repay in time. He is now unable to work due to inconvenience and cannot get any labor compensation to repay the debt. In Huang Changshou's view, negotiation can help him get the compensation as soon as possible, so as to pay off the arrears, which is the most efficient way.
During the interview, Huang Changshou also hoped that he could get rid of the predicament as soon as possible and return to a normal life.
Pang Huimin