the bricklayer felt troublesome and got a 60% discount for being injured without safety helmet

Because of the trouble, master Gu, a bricklayer, began to replace the tiles without wearing a safety helmet. As a result, the tiles and walls on the gate pier fell down and were injured. Mr. Gu sued his employer for compensation. But because Mr. Gu didn’t wear a helmet at the time of the accident, he was also responsible for his injuries. Recently, the Jintan court ruled that the employer should bear 60% of the compensation liability, and Mr. Gu was compensated 51000 yuan

on September 20, 2015, Mr. Gu was hired by his boss Zhou to repair the gate pier. Because the gate pier has cracks, it needs to be replaced and rebuilt. Master Gu stands on the scaffold, takes the old tiles from the top of the gate pier, and then hands them to the workers standing on the ground. When taking out the tiles, the safety helmet on master Gu’s head accidentally fell off. At that time, he felt that it was a lot of trouble to take out and deliver the tiles with the safety helmet on, so he didn’t put it on again. Before long, because of disrepair, the tiles and walls on the gate pier fell down and fell on master Gu’s head. Later, Mr. Gu was sent to the hospital for treatment and was diagnosed with multiple contusion, fracture, hematoma, etc. Last year, Mr. Gu was hospitalized again. He was hospitalized twice before and after, and spent more than 70000 yuan on medical expenses

Jintan court held that Mr. Gu provided labor services for Mr. Zhou, and in the process of engaging in labor services, Mr. Zhou had the responsibility and obligation of safety attention and labor protection for Mr. Gu’s professional activities. Zhou did not seriously review the qualification of master Gu, which led him to engage in relevant tile labor services without tile qualification certificate, and failed to stop in time after master Gu took off the safety helmet, which led to the occurrence of damage and should be liable for compensation. At the same time, Gu Shifu was engaged in tile labor service without obtaining tile qualification certificate, and he was not fully aware of the danger of some cracked door piers. He did not wear the safety helmet in time due to trouble after falling, and did not take necessary preventive measures. He also had some faults in the occurrence of damage

combined with the actual situation, the court decided that Zhou and Gu should bear 60% and 40% of the responsibilities respectively

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