A worker sawed a tree and stepped on a lighting cover and fell to the ground. The Kaohsiung District Court ordered Xiao Bao to pay him 4.42 million.
(Photo by reporter Huang Liangjie)
[Reporter Huang Liangjie/Kaohsiung Report] A man surnamed Cai from Kaohsiung contracted a factory relocation project. He suspected that he only needed a crane for half a day to leave. The employed worker surnamed Chen had no choice but to take a risk by climbing a 10-meter-high metal platform to saw trees, and accidentally stepped on the lighting cover Falling heavily and half disabled, Chen Nan questioned that safety tools such as cranes were not provided at the scene, and the factory owner also failed to fulfill his supervisory responsibilities. He filed a lawsuit against the two for compensation, including labor loss, medical expenses, disability compensation and spiritual comfort money, claiming more than 4.42 million In Yuan, the Kaohsiung District Court found that Cai Nan was his employer and ruled that the laborer Chen Nan won the lawsuit.
The verdict pointed out that Cai Nan contracted a plastic factory in Pingtung to move equipment and clean up the factory area in 2020. He invited workers surnamed Chen to help saw off the trees in the factory area. The crane only worked for half a day that day. When sawing trees on a 1-meter metal platform, he accidentally stepped on the lighting cover and fell to the ground, causing a burst fracture of the lumbar spine and severe injuries such as bone marrow damage.
Chen advocated that the original business unit should designate the person in charge of the site to supervise and have the obligation to help prevent occupational accidents. However, when he went to saw trees, the plastic factory did not supervise the whole process, nor did he inform the workers in advance of the cracked lighting cover on the platform. The environmental and hazardous factors require joint and several liability for compensation. The factory owner stated that he has paid Cai Nan’s full-time crane fee and the full wages of the two workers. He believes that Cai Ying will provide his employer with safety measures such as cranes and safety belts. Saw trees Activities, claiming that the labor safety accident has no direct connection with him.
The defendant, Cai Nan, did not show up on the date of the oral argument, nor did he submit any statement or statement; the judge determined that Cai Nan was Chen Nan's employer, and the factory had contracted Cai Nan to be responsible for the relocation of the factory. The tree is not the "regular" business of the plastic factory, or the "necessary" work. The factory management is not jointly and severally liable for the payment. Cai Nan should be sentenced to pay Chen Nan 4,421,375 yuan.