Although the work-related injury dispatcher works in the enterprise of the employer, the labor service company is her real employer. The labor service company must bear the legal obligation to handle work-related injury insurance for her. If it is not performed according to law, it is natural to bear the responsibility of paying in accordance with the treatment items and standards of work-related injury insurance. Therefore, it is generally the labor service company, that is, the employer, who is responsible for the injury of the dispatched workers.

1. Who is responsible for the compensation for work-related injuries of labor dispatch workers?

Labor dispatch units are generally responsible for the work-related injuries of labor dispatch workers.

According to Article 10 of the Interim Provisions on Labor Dispatch,

If the dispatched workers have an industrial injury accident in the employing unit, the labor dispatching unit shall apply for industrial injury identification according to law, and the employing unit shall assist in the investigation and verification of industrial injury identification. The labor dispatch unit shall bear the responsibility of work-related injury insurance, but it may agree with the employer on compensation measures.

Article 58 of the Labor Contract Law stipulates that the labor dispatch unit is the employing unit referred to in this Law and shall fulfill the obligations of the employing unit to the laborers.

Article 33 of the Social Insurance Law stipulates that employees shall participate in work-related injury insurance, and the employer shall pay the work-related injury insurance premium, while employees shall not pay the work-related injury insurance premium. Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits.

Therefore, it is generally the labor service company, that is, the employer, who is responsible for the injury of the dispatched workers.

Two. Compensation for work-related injuries of labor dispatch employees

The calculation of expenses should be "high or low".

The Labor Contract Law stipulates that if a labor dispatch unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be implemented according to the standards of the place where the employing unit is located. In this regard, the State Council's "Regulations on the Implementation of the Labor Contract Law" also has clear provisions in Article 14.

When employees are injured at work, the first thing to do is to rescue and treat them to ensure their life safety. Then carry out work-related injury identification to determine whether it belongs to the scope of work-related injury. Then the level of disability is determined as the basis for calculating and paying benefits.

To sum up, although the dispatched workers were injured during the work of the employer, the specific liability for compensation for work-related injuries should still be borne by the employer. If the employer has purchased full work-related injury insurance for the work-related injury dispatch workers, the corresponding compensation responsibility shall be borne by the work-related injury insurance agency. I brought you this article, hoping to help you.