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案例张某自有一车,多从事运输经营。王某有偿帮助张某看管车辆时从车上摔下,伤愈后被鉴定为五级伤残。王某要求张某全额赔偿医疗费、住院费、一次性伤残抚恤金等,张某不同意,王某便诉至法院。张某认为,这是一起劳动争议案件,应先进行劳动争议仲裁,法院不应直接受理;该损害的发生是王某严重违反操作程序所导致的,过错在王某,应由王某承担责任;在王某住院期间,曾与王某的父亲订有一协议:张某承担王某住院期间的全部费用,再支付1000元后,不再承担其他责任。
Case Zhang own a car, more engaged in transport operations. Wang paid help Zhang fell from the car when he was in charge of vehicles, after being identified as five disabled. Wang Zhang required full compensation for medical expenses, hospitalization fees, one-time disability pension, Zhang do not agree, Wang will sue the court. Zhang believes that this is a labor dispute case, labor dispute arbitration should be carried out, the court should not be directly accepted; the damage occurred is Wang caused a serious violation of operational procedures, the fault Wang, Wang should assume the responsibility ; During Wang’s hospitalization, Wang and his father had an agreement: Zhang assume Wang during hospitalization of all costs, and then pay 1,000 yuan, no longer bear other responsibilities.