Enquiring knowledgeable people Inquisitive education Hospital Treasury

The student went to work part-time and was injured in an accident. Should the company take responsibility?

home page

The student went to work part-time and was injured in an accident. Should the company take responsibility?


        

Submit answer
Favorable reply
  • 2024-06-10 09:00:48

    Many times we will find that no matter whether we are shopping, traveling, studying or working, we cannot do without legal knowledge. We should learn to use the weapons of law to protect our legitimate rights and interests. If your life is faced with the problem of whether the company should bear the responsibility for the accident with the students who go to work part-time, and whether the college students who are injured during part-time work can claim the lost wages, then you can find the answer from the contents of this article.

    List of contents of this article:

    1. Should the company be responsible for the injury of the college students who are injured in a car accident when they go to work part-time? 2. Who is responsible for the injury of the outsourcing employees

    Does the company bear the responsibility for the accident injury of college students when they go to work part-time

    The company has to take responsibility. Since part-time jobs are not regarded as establishing labor relations according to the law, are not subject to the Labor Contract Law, and do not enjoy work-related injury insurance benefits, their injuries can only be handled as general civil tort disputes. Therefore, compensation for damages should be made according to the standard of personal injury. According to the law, if an employee suffers personal injury in employment activities, the employer should be liable for compensation. Therefore, if a part-time job forms an employment relationship with the enterprise, the company should be liable for compensation for the personal injury of part-time employees. Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Concerning Compensation for Personal Injury, if an employee suffers from personal injury in employment activities, the employer shall be liable for compensation. If a third party other than the employment relationship causes personal injury to the employee, the compensation right holder may request the third party to bear the liability for compensation, or request the employer to bear the liability for compensation. The employer may claim compensation from a third party after assuming the liability for compensation. If an employee suffers personal injury due to a production safety accident in employment activities, and the employer or subcontractor knows or should know that the employer accepting the contract or subcontracting business does not have corresponding qualifications or production safety conditions, it shall bear joint and several liability with the employer. This article is not applicable to the labor relations and the scope of industrial injury insurance adjusted by the Regulations on Industrial Injury Insurance.

    Who is responsible for the injury of outsourcing employees

    1. Injuries at work shall be classified as work-related injuries. The labor dispatching unit and the employing unit shall bear joint and several liability for compensation.

    2. Article 14 of the Regulations on Industrial Injury Insurance shall be deemed as industrial injury if an employee has any of the following circumstances:

    (1) Injuries caused by accidents during working hours and in the workplace;

    (2) Those who are injured by accidents while engaged in preparatory or finishing work related to work in the workplace before and after working hours;

    (3) Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties;

    (4) Suffering from occupational diseases;

    (5) Injured due to work or missing due to accident during the period of going out for work;

    (6) On the way to and from work, he is injured by a traffic accident for which he is not primarily responsible or an urban rail transit, passenger ferry or train accident;

    (7) Other circumstances that shall be recognized as work-related injuries according to laws and administrative regulations.

    3. According to the Regulations on Industrial Injury Insurance, the dispatch company shall apply to the labor security administrative department (labor bureau) of the overall planning area for industrial injury identification within 30 days from the date of the accident injury or the date of your diagnosis. If the dispatch company is unwilling to apply for the determination of work-related injury, the worker can also directly apply for the determination of work-related injury to the labor security administrative department of the coordinating region where the dispatch company is located within one year from the date of the accident injury or the date of diagnosis. After the administrative department of labor security makes a decision on the determination of work-related injury, the medical expenses of workers shall be paid by the work-related injury insurance fund.

    4. If the dispatching company fails to pay the work-related injury insurance premium for you, after the administrative department of labor security makes a decision on the determination of work-related injury, according to the provisions of the Labor Contract Law, if damage is caused to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint liability for compensation, and the medical expenses of the workers shall be borne by the dispatching company and the employer, They are jointly and severally liable for damages.

    5. Labor dispatch is a labor operation mode in which recruiters and users are separated. It refers to the situation in which an employer puts forward conditions for required personnel to a labor export company, and the labor export company dispatches labor personnel to the employer. The unit using labor service personnel is a labor dispatch relationship with the labor export company, and the worker is a labor relationship with the labor export company.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    I***

    2024-06-10 09:00:48

  • company law Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):