Elevator crash that killed 2 people: Who is responsible for compensation?

2 workers died while repairing the elevator

The elevator crash happened at nearly 6 pm on May 25, at a house with the address of lane 523 Kim Ma, Ba Dinh, Hanoi. The house has a scale of 7 floors, 1 tum with an area of ​​about 97m2.

During the repair process, the elevator at people’s houses had a cable slip problem. Immediately upon reaching the scene, the rescue force discovered, approached and took a victim on the roof of the elevator cabin out and taken to the hospital, but this person died soon after.

Next, the rescue team discovered another victim trapped under the elevator pit.

Recognizing the complicated situation because the cabin with a large load slipped, the cable fell to the bottom of the elevator pit and pressed on to the victim, Ba Dinh District Police asked to provide 1 fire truck of Dong Da District Police, 1 An ambulance and a rescue vehicle and a truck carrying vehicles from the Area 2 Fire and Rescue Police Team – Room PC07 arrived at the scene to coordinate in bringing the victim out.

Along with that, the commander of the Fire and Rescue Police Department also dispatched a command vehicle directly present at the scene to direct the units to carry out the rescue work.

After a period of efforts to implement professional measures, at about 9pm on the same day the victim died at the scene was taken out and handed over to the medical force, Ngoc Khanh Ward Police for treatment. do the following procedures.

According to authorities, at the time of rescue and rescue, the building was in the process of being renovated and repaired.

The scene of the elevator accident and the rescue work for the victims. (Photo: SK&DS)

Who is responsible for compensation?

After the elevator accident happened, many people wondered about the responsibility to compensate for the damage in the incident.

In this regard, Dr., lawyer Dang Van Cuong, head of the Legal Law Office (Hanoi Bar Association) said that this is an unfortunate accident, the authorities will investigate. , clarify the cause of the incident, as a basis for determining the legal responsibility of the parties involved in accordance with the law.

According to lawyer Cuong, the authorities will clarify whether the owner’s home repair and elevator installation is licensed or not, according to the design or not, to consider the investor’s responsibility in the case. this.

“In case the repair and installation of the elevator is not in accordance with the design, the repair is not licensed in accordance with the law, the investor must take responsibility before the law. As for the house repair, installation, repairing elevators does not violate the law on construction, strictly follows the design, with the permission of the competent authority, the competent authority will consider the responsibility of the construction unit,” lawyer Cuong said. accumulate.

Lawyer Cuong also said that it is necessary to clarify whether these workers have labor contracts or not, whether the performance of duties is professional or not.

In case there are grounds to show that there is a violation of regulations on occupational safety, such as, the employee does not have appropriate qualifications and certificates, is not trained in necessary skills to perform the job, is not equipped If the device is not equipped with safety equipment, leading to the accident, the investigating agency will prosecute a criminal case for the crime of Violation of regulations on occupational safety according to article 295 of the Penal Code.

At that time, organizations and individuals that violate regulations on occupational safety will be held responsible before the law. Specifically, committing the crime in the case of killing 2 people will be sentenced to 3 to 7 years in prison.

“In case the verification results of the authorities show that the accident occurred as an objective and unpredictable cause, the criminal case will not be prosecuted. However, whether there is criminal handling or not. If not, the employer must also carry out the procedures to compensate the relatives of the two victims according to the regulations on occupational accidents,” said lawyer Cuong.

If two victims participate in social insurance, the social insurance agency is responsible for paying the occupational accident allowance according to the provisions of Article 53 of the Law on Social Insurance 2014.

Accordingly, the employee’s relatives are entitled to a lump-sum allowance equal to 36 times the base salary in the month of the employee’s death and the survivorship allowance according to the Law on Social Insurance while the employee is working. death due to occupational accidents and occupational diseases.

The dossier for enjoying the survivorship regime in case the employee dies due to an occupational accident or occupational disease shall comply with the provisions of Clause 1, Article 111 of the Law on Social Insurance.