A worker in the National Army Camp was seriously injured after falling from a scaffolding, and the contractor was awarded compensation of NT$510,000.

An entrepreneur surnamed Chen undertook a renovation project related to the camp at the joint training base of the three armed forces. When a worker fell and was injured, Chen was awarded compensation for failing to take safety precautions. (File photo)

An entrepreneur surnamed Chen undertook a renovation project related to the camp at the joint training base of the three armed forces. During the work of drilling and burying pipes, a worker surnamed Wang fell from a scaffolding and was seriously injured. Wang Nan believed that the employee surnamed Chen failed to take safety precautions and violated the provisions of the Occupational Safety Law, so he filed a lawsuit for compensation of nearly one million yuan. Chen Nan emphasized that he and Wang Nan had no employment relationship, and Wang Nan's compensation was unfounded. The Pingtung District Court found that the two parties had an employment relationship, and the employer surnamed Chen was negligent and should compensate Wang Nan for more than 510,000 yuan. He can appeal.

Wang Nan claimed that he was hired by an employer named Chen more than three years ago to carry out camp-related renovation projects at a salary of 2,800 yuan per day. While digging walls and burying pipes, he fell from a scaffolding on the first floor, causing severe injuries to his cervical spine and head. He was unable to work for six months. The employer surnamed Chen did not provide ropes or other appropriate anti-fall safety equipment at the construction site, which violated the relevant provisions of the Occupational Safety Law. He should be compensated for work losses, nursing fees and mental comfort payments totaling more than 970,000 yuan.

The owner surnamed Chen claimed that he asked the person surnamed Zheng in the engineering industry to help call workers for construction. Wang Nan was the worker hired by Zheng Nan and had no employment relationship with him. A safety coaching meeting was held before the construction. He told the foreman and workers to wear safety helmets, and safety vests were also provided on site.

The Pingtung District Court pointed out that according to what Liang Zao and Zheng Nan said, Chen Nan approached Wang Nan through Zheng Nan to do the construction work for him. Wang Nan worked according to Chen Nan's instructions. Chen Nan then paid daily wages to Wang Nan through Zheng Nan. Zheng Nan served as the communication agency between the two institutions, so the two institutions should have been established. According to the employment contract, there was no safety net or safety belts or ropes provided at the construction site, and safety measures were insufficient. As the employer, Chen Nan should bear the liability for negligence, and Wang Nan also had to bear part of the negligence liability. According to the entire case, Chen Nan should pay Wang Nan 510,306 yuan.