[2] Illegal subcontracting leads to accident; lawyer strives for lighter sentence
In November 2012, Shenzhen Chenghan Construction Company subcontracted the labor for the Banshanhai Garden construction project in Longgang, Shenzhen, to Zhejiang Pengzhou Construction Company. However, Pengzhou Company later privately subcontracted the formwork fabrication and installation to a construction team led by a certain Mr. Chen. During the work, a carpenter named Li from the construction team accidentally fell from a building and was assessed with a 10th-degree minor disability. Afterwards, Li entrusted a lawyer to file a lawsuit against Pengzhou Company and the subcontractor Chen, demanding payment for medical expenses, nursing fees, lost wages, disability compensation, and disability assessment fees, totaling 90,000 yuan. Pengzhou Company retained the legal team from Guangdong Zhiming Law Firm to appear in court, with lawyer Zhang Qingping and trainee lawyer Ye Huijuan specifically handling the case.
Given that Pengzhou Company's illegal subcontracting of the project's work to subcontractor Chen, who lacked the proper qualifications, is clearly established, Pengzhou Company was placed in an extremely unfavorable litigation position from the very outset. However, after consulting with the lead attorney Wang Tengfeng, attorney Zhang Qingping concluded that Chen, as the actual construction contractor, bore direct fault in the personal injury incident involving carpenter Li and should assume primary liability. First, there was no labor relationship between Pengzhou Company and Li. This case falls under the category of liability disputes for harm suffered by a service provider. Chen, as the direct person in charge of Li's construction team, should bear primary responsibility for Li's injuries, as well as for the faults of failing to sign a labor contract with Li and failing to purchase social insurance for him.
Secondly, the attorney representing Li calculated Li's disability compensation at nearly 60,000 yuan, which is clearly excessive. According to the statutory standard of 11,699.31 yuan for the net income of rural residents in Guangdong Province in 2013, and given that Li's disability is classified as a Grade 10 disability—the mildest level in the disability rating scale—Li's disability compensation should be 23,000 yuan.
After the court hearing, the representatives of the four parties involved, despite repeated arguments, were still unable to reach a settlement agreement regarding compensation for Li's damages. In the end, the People's Court largely adopted the representation opinions of attorney Zhang Qingping, ruling that the contractor Chen compensate Li 23,000 yuan in disability compensation, along with other medical expenses, nursing fees, lost wages, and disability appraisal fees, totaling 55,000 yuan. Pengzhou Company was held jointly and severally liable for this amount, and Li's other claims were dismissed.
