According to Article 8 of the Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, if the legal representative, responsible person or staff of a legal person or other organization causes damage to others in the course of performing their duties, the legal person or other organization shall bear civil liability in accordance with the provisions of Article 121 of the General Principles of the Civil Law.

Therefore, when a traffic accident occurs when the food delivery staff delivers food, the liability for compensation should be divided into the following situations:

1, employed by a distribution company to deliver food, and the distribution company insured the rider with commercial insurance. In case of an accident, the insurance company and the distribution company shall be liable for compensation.

2. Being hired by the online ordering platform to deliver meals, the ordering platform shall be liable for compensation after the accident.

3. Be employed by a restaurant to deliver food. In case of any accident, the restaurant shall be liable for compensation.

4, by the labor dispatch to the distribution company to deliver food, the accident shall be borne by the unit that accepts the labor dispatch, and the labor dispatch unit shall bear the corresponding supplementary responsibilities if it is at fault.

Extended data:

If the takeaway is injured accidentally, it is a work-related injury in this case and you can apply for compensation from the company.

According to the provisions of Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be deemed as a work-related injury in any of the following circumstances:

1, injured by accidents due to work during working hours and workplaces;

2, before and after working hours in the workplace, engaged in preparation or finishing work related to the next job and was injured by an accident;

3. Being injured by violence and other accidents during working hours and workplaces due to the performance of duties;

4. Suffering from occupational diseases;

5. When going out to work, he is injured due to work reasons or the whereabouts of an accident are unknown;

6. Injured by a motor vehicle accident on the way to and from work;

7. Other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.