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因工地事故右肾被切、丧失劳动能力的45岁建筑民工樊宝岐,仍在河北老家等待着北京法院的判决结果。2011年底的那次工地事故摧垮了他的身体,巨额的医药费也压垮了整个家庭。总包单位和劳务分包单位相互推卸责任,资质的挂靠方和出让方互相扯皮,包工头基于自身利益而选择抛弃亲情,投怀于资本,没有哪一方愿意为樊宝岐的工伤赔偿承担责任。一年多过去了,樊宝岐连工伤维权的第一步——劳动关系认定都没有落实。樊宝岐的案例暴露了资质挂靠、劳务分包与包工制度如何规避了企业应当承担的赔偿责任,
Fan Baoqi, a 45-year-old migrant worker who was cut off due to a site accident and lost his ability to work, was still waiting for the judgment of the Beijing court in his hometown of Hebei. The site accident at the end of 2011 destroyed his body, huge medical costs also crushed the entire family. The general contracting unit and the labor sub-contracting unit shirked their responsibilities. The claimant and the transferor of the qualification clamored with each other. The contractor chose to abandon their affection based on their own interests and cast aside the capital. No one was willing to take responsibility for Fan Baoqi’s work-related injury compensation. More than a year later, Fan Baoqi even the first step in the protection of work-related injuries - the determination of labor relations have not been implemented. Fan Baoqi case revealed that the qualification anchorage, labor subcontracting and contracting system how to circumvent the enterprise should bear the liability for compensation,