In Liaoyang, Liaoning Province, the villagers' homes went to the shelves, relatives came to help, fell from the house, and demanded compensation of 180,000 yuan. The villagers said that they did not invite him to come, did not work, did not form a relationship of helpers, and the court did so

In Liaoyang, Liaoning Province, the villagers' homes went to the shelves, relatives came to help, fell from the house, and demanded compensation of 180,000 yuan. The villagers said that they did not invite him to come, did not work, and did not form a relationship of helpers, and the court ruled so.

Villager Li Ge found Li Di and asked Li Di to go to his home to help Li Ge on the shelf for free.

Li Di promised and went to Li Ge's house to help get on the shelves, and at that time, Li Di was working with 2 carpenters hired by Li Ge.

In the process of working, Li Di fell from a high place.

Li Ge took Li Di to the hospital and was diagnosed with a comminuted fracture of the left calcaneum. He was hospitalized for 34 days.

The forensic evaluation center's appraisal opinion of Li Di is that he is disabled by grade 10. Li Di paid the appraisal fee of 2300 yuan.

Li Di sued Li Ge in court, demanding compensation of 181511.77 yuan.

Li Di believes that he and Li Ge have formed a helper relationship.

Li Ge argued that he and Li Di had no helper relationship, and Li Di's injuries were not caused by working for himself, so he should not bear the liability for compensation.

Li Ge said that before the incident, at the neighbor's family banquet, Li Di said to himself: "Second brother, you build a house and use people to squeak." ”

At that time, he did not answer, because Li Di could not do heavy work, and he was not embarrassed to refuse in person.

On the day of the incident, Li Di came to my house and told me that his eldest brother's house was building a wall, and he didn't have time today. I said to Li Di, no one is needed today, you can build a wall for your brother.

Li Di said, took out a cigarette, sat on the windowsill and smoked, while smoking, while measuring the height of the window with his hand.

I picked up Li Di and said, you hurry up and build a wall for your brother, and someone should look for you later.

So Li Di jumped down from the window sill and fell to the ground.

Li Di didn't do any work for me at all, and his injury was self-injury by jumping off the windowsill.

Li Di and I are uncles and brothers, Li Di was injured in his own home, out of family affection, li Di was sent to the hospital, and also paid nearly 3,000 yuan in advance for medical expenses. Li Di was not only ungrateful, but also blackmailed me, which was really undeserved. Not only should I not bear the compensation, but I also asked him to refund the 3,000 yuan of medical expenses he had paid in advance.

At trial, the court held that if the helper suffers personal injury as a result of the helper activities, the helped worker shall bear the liability for compensation. If the worker explicitly refuses to help, he shall not be liable for compensation; however, appropriate compensation may be made within the scope of the benefit.

Although Li Ge denied that Li Di was his helper, through the trial investigation and evidence, it can be determined that Li Di was injured in the process of Li Ge's helper.

The court found that Li Di's losses were:

Medical expenses 32102.93 yuan;

Lost time fee of 7413.54 yuan;

Nursing fee 4375.12 yuan;

Meal allowance of 1700 yuan;

Disability compensation of 63,640 yuan;

Appraisal and inspection fee 2574.40 yuan;

Transportation cost 400 yuan;

Photocopying fee is 21 yuan.

A total of 112205.99 yuan.

Deducting the 2,000 yuan already advanced, Li Ge should pay 110,205.99 yuan.

In the end, the court ruled that Li Ge paid 110205.99 yuan.

In November 2021, Li Ge appealed against the verdict, requesting that the judgment be changed to reject all of Li Di's claims.

Li Ge said that on the same day, he hired Zhao carpenter and Fu carpenter to do carpentry work.

I went to the commissary to buy cigarettes for the carpenter, and when I came back to pass by the gate of Li Di's house, Li Di asked me what I was doing, and I replied that the carpenter made a house shelf today.

Then Li Di came to my house at 9 o'clock and said that he didn't have time today, and I built a wall for my brother. I clearly told Li Di that I didn't need to help today, and told Li Di to go home and build a wall for your brother's house.

At that time, Li Di went to stand on the windowsill and smoked, and when I picked Li Di home again, Li Di fell and injured when he jumped from the window sill.

Li Ge said that Li Di stated in court: "When working, Li Ge stood on the ladder, and Li Di and Li Di put a shelf of more than 9 meters long and weighed more than 500 pounds onto the house, and Li Ge let go of his hand and caused Li Di to fall down and fall." This is contrary to common sense, two people can not move such a heavy shelf, this is just a lie made up by Li Di.

So Li Di didn't actually help me, but was injured when he jumped down from the window sill. Li Di did not do any work for me, and after Li Di was injured, I sent Li Di to the hospital out of affection and paid for medical expenses.

And during Li Di's hospitalization, he fell again when he went to the toilet, resulting in aggravation of the injury, which had nothing to do with me. The court made me bear all the liability for damages, which made no sense in the law.

In this case, the helped worker expressly refused to help the worker and should not be liable for compensation. And I did not benefit, and even if I benefited, I was appropriately compensated within the scope of the benefit.

Li Di argued that at 6:30 that day, Li Ge came to my house and asked me to help with the shelf, saying that the carpenter said that two people were enough. I had something to do, so I pushed it away and went to Li Pigeon's house.

I help carry the wood, the house shelf to make a top, a total of 5 people, 2 above, 3 below, corner down. During the second shelf, when I used the crowbar to replace the shelf, the crowbar hit me in the face and I fell.

After being injured, in order to go to the agricultural cooperative, Li Ge's wife came to my house to get the agricultural cooperation card and ID card, and asked me to clean up the house at my own home, so that I could go to the agricultural cooperative. The hospital that Li Ge sent me to paid 1,000 yuan in advance for medical expenses.

The court of second instance held that the facts that could be determined were that on the day Li Di was injured, Li Ge's family did have carpenters to work, and Li Di was injured in Li Ge's house. After Li Di was injured, Li Ge sent Li Di to the hospital and advanced nearly 3,000 yuan in medical expenses.

At present, Li Ge denied the fact of helping the workers and argued that Li Di was not injured because he was working with the carpenter, but Li Ge failed to provide evidence to prove the content of his defense, and the carpenter he hired on that day did not testify in court to explain the situation.

Therefore, in the absence of other evidence, based on the investigation at trial and the rules of thumb of daily life, the fact that Li Di has helpers should be determined.

In December 2021, the court of second instance ruled, rejecting the appeal and upholding the original judgment. The acceptance fee for the second-instance case is 3,930 yuan, which is borne by Li Ge.

The names in this article are pseudonyms.

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