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Back國軍營區工人跌落鷹架重傷 承包商判賠51萬
國軍營區工人跌落鷹架重傷 承包商判賠51萬
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自由时报2 hours agoLaw2 min readChinaView translation

國軍營區工人跌落鷹架重傷 承包商判賠51萬

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陳姓業者承攬三軍聯訓基地營舍整修工程,工人王男從鷹架跌落重傷,屏東地院認定雙方具僱傭關係,陳男有過失,判賠51萬306元,可上訴。

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陳姓業者承攬三軍聯訓基地營舍整修工程,透過鄭男找來王男施工,王男從1樓高鷹架跌落致頸椎及頭部重創,長達6個月無法工作。

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陳姓業者承攬三軍聯訓基地營舍相關整修工程,發生工人掉落受傷意外,陳男未作好安全防護措施判賠。(資料照)

陳姓業者承攬三軍聯訓基地營舍相關整修工程,在進行牆壁打鑿埋管作業時,發生王姓工人從鷹架跌落致重傷意外,王男認為陳姓業者未作好安全防護,違反職安法規定,提告求償近百萬元,陳男則強調他與王男非僱傭關係,王男求償無據,屏東地院認定雙方具僱傭關係,陳姓業者有過失,應賠償王男51萬多元,可上訴。

王男主張,他3年多前受僱陳姓業者,以每日2800元薪資施作營舍相關整修工程,在進行牆壁打鑿埋管作業時,從1樓高的鷹架上跌落地面,導致他頸椎及頭部受到重創,長達6個月無法工作,陳姓業者未在施工場所提供繩索或其他適當防墜安全設備,違反職安法相關規定,應賠償他工作損失、看護費及精神撫慰金等共97萬多元。

陳姓業者主張,他請鄭姓工程行業者幫忙叫工人施工,王男是鄭男請來的工人,與他並無僱傭關係,且施工前有召開安全輔導會議,他有交代工頭和工人要戴安全帽,現場也有提供安全背心。

屏東地院指出,依兩造及鄭男所述,陳男透過鄭男找來王男為其施作工程,王男依陳男指示工作,陳男再透過鄭男交付日薪給王男,鄭男居兩造間傳達機關的地位,兩造間應已成立僱傭契約,施工現場無設置安全網或提供安全帶、繩索,安全措施不足,身為僱主的陳男應負過失責任,王男也要承擔部份過失責任,依全案情狀,陳男應給付王男51萬306元。

What to Watch

AI outlook — possibilities, not facts

  • 陳男可能對判決提起上訴

    Possible · Within weeks

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  • 王男目前的身體恢復情況
  • 陳男是否會上訴
  • 職業安全衛生主管機關是否會對該施工現場進行進一步調查

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