On February 4 this year, in Changzhou, Jiangsu, when the courier Meng Mouzhu was driving the electric tricycle assigned to him by the unit to deliver the express, he was rear-ended by a small ordinary passenger car in the rear, causing the electric tricycle to be knocked into the opposite lane and collided again with a small off-road passenger car passing here. As a result, Meng Mouzhu fell to the ground and died after being run over by a small off-road bus.
Afterwards, the Traffic Police Brigade of the Wujin Branch of the Changzhou Public Security Bureau issued the "Road Traffic Accident Identification Certificate", determining that Meng Mouzhu had not obtained a motor vehicle driver's license in accordance with the law, and the electric tricycle without a license plate was identified as an electric three-wheeled moped, and the car was not registered with the public security traffic management department...... It was determined that the driver of the small ordinary passenger car was primarily responsible, Meng Mouzhu was secondarily responsible, and the small off-road passenger car was not responsible for the accident. At the same time, the Human Resources and Social Security Bureau of Tianning District, Changzhou City, also identified Meng Mouzhu's work-related injury.
Accident vehicle
"In the accident, my husband was found to be responsible for the secondary responsibility that should be borne by the company." Meng Mouzhu's wife, Ms. Li, told the Red Star News reporter that she had previously sued the owner of the small ordinary passenger car, the owner's insurance company, the Changzhou branch of the postal service, and the Changzhou branch of Youshi Express to the Wujin District Court of Changzhou City in response to the responsibility for the traffic accident. However, the court of first instance ruled that Meng Mouzhu had been found to have suffered a work-related injury and did not support the family's claim that the relevant company should bear the liability for compensation.
It is reported that Ms. Li appealed because she was dissatisfied with the first-instance verdict, and the second-instance trial of the case was held in the Changzhou Intermediate People's Court on October 17, and the verdict was not pronounced in court. Afterwards, Ms. Li told reporters that she always believed that there was no conflict between traffic accident damage compensation and work-related injury compensation, "If the car given by the company has a license plate and also requires my husband to have a driver's license before working, then the other party should be fully responsible for this accident, and we can still apply for work-related injuries." ”
Man driving an unlicensed electric tricycle without a license
He was found to be secondarily responsible after his death in a car accident
59-year-old Meng Mouzhu is a native of Lu'an, Anhui Province, and came to live in Changzhou, Jiangsu Province with his family more than ten years ago. At the end of 2017, Meng Mouzhu started the express delivery business. According to his wife, Ms. Li, Meng Mouzhu signed a labor contract with the Changzhou branch of Anhui Youshi Express Co., Ltd., and was arranged by the company to work as a courier at the Changzhou branch of China Post Group Co., Ltd.
"My husband doesn't have a driver's license, and I don't know if the car is electric or what, the company asked me to make it public, and my husband drove it." Ms. Li said that while working at the Changzhou branch of the postal service, the employer equipped Meng Mouzhu with an electric tricycle without a license plate, regardless of whether he had a driver's license.
At about 6 o'clock in the afternoon on February 4 this year, when Meng Mouzhu was driving an electric tricycle to deliver a courier, he was rear-ended by a small ordinary passenger car in the rear, causing the electric tricycle to be knocked into the opposite lane, and collided again with a small off-road passenger car passing here, causing Meng Mouzhu to fall to the ground and die after being run over by a small off-road bus.
In response to the accident, on February 23, the Traffic Police Brigade of the Wujin Branch of the Changzhou Municipal Public Security Bureau issued a road traffic accident certificate. The reporter noticed that for the deceased Meng Mouzhu, the traffic police brigade said in its basic information that he had not obtained a motor vehicle driver's license in accordance with the law, and the electric tricycle without a license plate he was driving was identified as an electric three-wheeled moped; And after investigation, the car was not registered in the traffic management department of the public security organs.
Accident certificate issued by the traffic police
In addition, in terms of the division of responsibilities in the identification letter, it was determined that Wu Mouyu (the owner of a small ordinary passenger car) should bear the main responsibility for the accident; Meng Mouzhu should bear secondary responsibility for the accident; Zhang Moujun (owner of the small off-road bus) was not at fault in the accident and did not bear the responsibility for the accident.
In this regard, Ms. Li believes that the secondary responsibility of her husband in this accident should be borne by the company, "The company has never considered whether the car equipped with the employee can be licensed, nor has it informed the employee that he needs to obtain a driver's license." My husband drove an unlicensed electric tricycle to deliver couriers according to the company's requirements, why should he be responsible for an accident as soon as he had an accident? ”
The family of the deceased demanded that the company bear responsibility for the fault
The court of first instance held that the work-related injury had been determined and did not support it
Ms. Li told reporters that after the accident, they had applied to the Human Resources and Social Security Bureau of Tianning District, Changzhou City, for a work-related injury determination. In May this year, the bureau issued the "Decision on the Determination of Work-related Injury", determining that Meng Mouzhu's situation met the provisions of Article 14, Paragraph (1) of the "Regulations on Work-related Injury Insurance" and fell within the scope of work-related injury determination.
Meng Mouzhu's "Decision on Determination of Work-related Injury" Photo provided by the interviewee
At the same time, in June this year, Ms. Li and her children also sued the owner of the small ordinary passenger car, the owner's insurance company, the Changzhou branch of the postal service, and the Changzhou branch of Youshi Express to the Wujin District People's Court of Changzhou City due to the aforementioned division of responsibility for the accident. Ms. Li believes that in this traffic accident, Meng Mouzhu's secondary liability is due to the fact that the tricycle provided by Anhui Youshi Express Changzhou Branch and Postal Changzhou Branch does not meet the standards of electric vehicles, and Meng Mouzhu is not at fault for driving, so the two companies should bear the corresponding fault liability.
According to the first-instance civil judgment of the People's Court of Wujin District, Changzhou City, the owner of the small ordinary passenger car and its insurance company had no objection to the determination of accident liability, but the Changzhou branch of Anhui Youshi Express and Anhui Youshi Express Company jointly argued that the cause of action in this case was a dispute over liability for motor vehicle traffic accidents, and the company should not be liable for compensation for traffic accidents.
Among them, the Changzhou Branch of Anhui Youshi Express Company argued that it had a labor contract relationship with the deceased Meng Mouzhu, and the Ministry of Human Resources and Social Security of Tianning District, Changzhou City had made a determination of work-related injury; For Meng Mouzhu's work-related death, the company should only compensate in accordance with the labor contract and the labor contract law.
The Changzhou Branch of the Post argued that Meng Mouzhu was not a labor dispatch employee, but that the Changzhou Branch of Youshi Express undertook the outsourcing business of the company, and it was responsible for personnel employment and business distribution. The vehicle he was driving was also provided by the Changzhou branch of Youshi Express, and the company was not responsible for the accident.
First instance verdict
After trial, the court held that Meng Mouzhu was an employee of the defendant Anhui Youshi Express Changzhou Branch, and that he was performing work tasks at the time of the traffic accident, and that the injuries sustained in the traffic accident involved in the case had been determined to be work-related injuries and should be handled in accordance with the provisions of the "Regulations on Work-related Injury Insurance". In this case, the plaintiff's claim that the defendants Anhui Youshi Express Changzhou Branch and Anhui Youshi Express Company bear the liability for compensation did not comply with the provisions of the law and was not supported by the court in accordance with the law; In addition, the plaintiff claimed that Meng Mouzhu also had an employment relationship with the defendant Postal Changzhou Branch, and demanded that the company also bear the liability for compensation, but the evidence was insufficient and did not comply with the law, and the court did not support it in accordance with the law.
In the end, the Wujin District People's Court made the following judgment: 1. The small ordinary passenger car insurance company shall compensate the plaintiff's close relatives for the death compensation, mental injury solatium, funeral expenses and other losses totaling 995521 yuan, and pay 935521 yuan to the plaintiff and 60,000 yuan to Wu Mouyu within 10 days from the date of the legal effect of this judgment. 2. The plaintiff's remaining claims are dismissed.
The verdict was not pronounced after the second-instance trial began
The family believes that there is no conflict between the liability for fault and the compensation for work-related injuries
"If the car given by the company has a license plate and requires my husband to have a driver's license before he can work, then the other party should be fully responsible for this accident, and we can still apply for a work-related injury." Ms. Li told reporters that she believes that there is no conflict between traffic accident damages and work-related injury compensation, so she does not agree with the first-instance judgment and has now appealed.
On October 17, the Red Star News reporter learned from Ms. Li's lawyer Zhou Zhaocheng that the second instance of the case was held in the Changzhou Intermediate People's Court on the same day, "The case was not pronounced in court, and in this trial, the postal company believes that Meng Mouzhu and the postal service do not have an employment relationship and labor dispatch relationship, and the tricycle provided is not provided by the postal service, so it should not be held liable." In addition, the postal service outsources the express delivery business to Youshi Express, which should be borne by Youshi Company. ”
In this regard, Zhou Zhaocheng believes that Meng Mouzhu has been engaged in postal express delivery in Changzhou, Jiangsu Province for 6 years before his death. The work vehicles he drove were marked with the words "China Post" in his clothing, and the work content was also to deliver express delivery to China Post, and his workplace was also in the postal company, and he was under the management of the postal company, and the actual employer was the Changzhou branch of the postal service.
Zhou Zhaocheng said that from a legal point of view, employers have the obligation to provide employees with transportation that meets safety standards and ensure that employees have the corresponding driving qualifications, "The postal company and Youshi Express Company still provided unlicensed motor vehicles for his use when they knew that Meng Mouzhu did not have a driver's license, which obviously violated the law and posed a serious threat to Meng Mouzhu's life safety." The traffic accident determination found that Meng Mouzhu was secondarily liable, and the court should have taken into account the fault of the two companies involved in providing transportation and driving qualifications, and this responsibility should be borne by the two companies involved. ”
In addition, Zhou Zhaocheng also told reporters that because the two companies involved have not paid social security to Meng Mouzhu, his family has not been able to obtain compensation for work-related deaths, "Obviously, the two companies involved should also be held responsible." ”
Red Star News reporter Luo Mengjie
Editor: Zhang Xun, Editor: Feng Lingling
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