In crowdsourcing mode, the behavior of the "rider" in delivering orders is that the take-out platform provides intermediary services, and after receiving the order, it fulfills the transportation service contract reached with the merchants, rather than completing the work task based on the labor relationship with the platform company. This mode is similar to the autonomous order-taking mode of network car and driver, and has great autonomy. In judicial practice, the court generally does not recognize that there is a labor relationship between the platform and the rider. If the rider encounters an accident during delivery, he will not be able to enjoy the treatment of work-related injury insurance because there is no labor relationship.
if the "rider" is directly employed in the self-operated mode of the platform or the restaurant, the platform and the restaurant are the main bodies responsible for industrial injury insurance. Take-away platforms or restaurants bear the responsibility of employers, and they are obliged to buy work-related injury insurance for riders, and bear the compensation liability of work-related injury insurance for them in the event of work-related accidents.
there is also a kind of "rider" in outsourcing mode, also called "agent rider", which refers to outsourcing related delivery services to a third party for execution according to the cooperation agreement signed between the take-out platform and a third party agent. In this case, the agent is responsible for the recruitment and salary distribution of the "rider", establishing the labor contract relationship for him, purchasing work-related injury insurance, and paying the work-related injury insurance benefits when the "rider" encounters a work-related injury accident. In this mode, the platform does not bear any responsibility for the rider based on the labor legal relationship.