在工地受伤走侵权纠纷可以吗Is it okay to have an infringement dispute due to injury on the construction site
一、在工地受伤走侵权纠纷可以吗
在工地受伤如果不构成工伤的，可以按人身伤害侵权处理。如果构成工伤的，按工伤事故处理。
《最高人民法院关于审理人身损害赔偿案件适用法律若干问题的解释》
第三条依法应当参加工伤保险统筹的用人单位的劳动者，因工伤事故遭受人身损害，劳动者或者其近亲属向人民法院起诉请求用人单位承担民事赔偿责任的，告知其按《工伤保险条例》的规定处理。
因用人单位以外的第三人侵权造成劳动者人身损害，赔偿权利人请求第三人承担民事赔偿责任的，人民法院应予支持。
《中华人民共和国民法典》
第一千一百九十二条 【个人劳务关系中的侵权责任】个人之间形成劳务关系，提供劳务一方因劳务造成他人损害的，由接受劳务一方承担侵权责任。接受劳务一方承担侵权责任后，可以向有故意或者重大过失的提供劳务一方追偿。提供劳务一方因劳务受到损害的，根据双方各自的过错承担相应的责任。
提供劳务期间，因第三人的行为造成提供劳务一方损害的，提供劳务一方有权请求第三人承担侵权责任，也有权请求接受劳务一方给予补偿。接受劳务一方补偿后，可以向第三人追偿。
二、人身损害赔偿证据需要哪些
1、原告的损害与被告有因果关系的证明，即被告在何时何地为什么原因实施了何种违法行为给原告造成了什么样的后果的证明材料。
2、提供医院证明伤势的诊断书、病历卡、医药单据、包括医药费、治疗费、化验费等如致残的还必须有鉴定书。若转院治疗的，应提供医院同意转院或的确需要转院的证明。
3、要赔偿护理费、营养费的，应当提供主治医生开具的批准专人护理，需要补进营养等证明。
4、赔偿误工费的，应提供本人所在单位出具的因误工而减少的实际收入损失(包括减少的工资、奖金等)的证明，若无固定收入，按国家有关规定的标准计算。
5、赔偿交通费和住宿费，应提供汽车票、火车票、船票、飞机票、住宿费发票，出租车费一般不予赔偿。
6、其它还需要的证明和证据
而被告主要是提供反驳原告事实和理由的证据。
通过上述分析知道，依据《人身伤害赔偿司法解释》的规定，建筑工人在工地发生人身伤害事故后，如果建立劳动关系的，按工伤事故处理。如果没有建立劳动关系的，按人身伤害纠纷进行处理。
1、 Is it okay to have an infringement dispute due to injury on the construction site
If an injury on the construction site does not constitute a work-related injury, it can be treated as a personal injury infringement. If it constitutes a work-related injury, it shall be treated as a work-related injury accident.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury
Article 3: If an employee of an employer who is required by law to participate in the overall planning of work injury insurance suffers personal injury due to a work injury accident, and the employee or their close relatives file a lawsuit with the people's court requesting the employer to bear civil compensation liability, they shall be informed to handle it in accordance with the provisions of the Work Injury Insurance Regulations.
If a third party outside the employer causes personal injury to the worker due to infringement, and the compensation right holder requests the third party to bear civil compensation liability, the people's court should support it.
The Civil Code of the People's Republic of China
Article 1192 [Tort Liability in Personal Labor Relations] If a labor relationship is formed between individuals, and the party providing the labor service causes harm to others due to the labor service, the party receiving the labor service shall bear the tort liability. After the party receiving the labor service bears the liability for infringement, it may seek compensation from the party providing the labor service who has intentional or gross negligence. If the party providing the labor service suffers damage due to the labor service, they shall bear corresponding responsibilities based on their respective faults.
During the provision of labor services, if the behavior of a third party causes damage to the party providing the labor services, the party providing the labor services has the right to request the third party to bear tort liability, and also has the right to request compensation from the party receiving the labor services. After receiving compensation from the party receiving the labor service, they can seek compensation from a third party.
2、 What evidence is needed for personal injury compensation
1. Proof of causal relationship between the plaintiff's damage and the defendant, that is, proof of the consequences caused to the plaintiff by the defendant's illegal behavior at what time, place, and for what reasons.
2. Provide a medical diagnosis certificate, medical record card, medical documents, including medical expenses, treatment fees, laboratory fees, etc. to prove the injury in the hospital. If a disability occurs, an appraisal certificate must also be provided. If transferred to another hospital for treatment, proof of the hospital's agreement to transfer or the need for transfer should be provided.
3. For those who want to compensate for nursing and nutrition expenses, they should provide a certificate of approval from the attending doctor for dedicated nursing care and proof of nutritional supplementation.
4. For compensation for lost work expenses, proof of actual income losses (including reduced wages, bonuses, etc.) issued by the employer should be provided. If there is no fixed income, it should be calculated according to relevant national regulations.
5. To compensate for transportation and accommodation expenses, invoices for car, train, boat, plane, and accommodation expenses should be provided. Taxi expenses are generally not compensated.
6. Other necessary proofs and evidence
The defendant mainly provides evidence to refute the plaintiff's facts and reasons.
Based on the above analysis, it is known that according to the Judicial Interpretation on Personal Injury Compensation, if a construction worker establishes a labor relationship after a personal injury accident occurs on a construction site, it shall be treated as a work injury accident. If no labor relationship is established, it shall be handled as a personal injury dispute.