Can the company be exempted from certain liability when compensating for the worker s negligent work

Because the worker has exceeded the retirement age, then it is not a laborer, the company has formed an employment relationship with her, and the injury she suffered is not a work-related injury, and the provisions on general personal injury compensation should be applied. According to the existing legal provisions, the employer is liable and the worker is not liable unless it can be proved that the injury suffered by the worker was intentionally caused. Solatium for moral damage can be raised.

1. Work-related injuries must be identified by the labor department, identified by the labor department for work-related injuries, and initiated for labor arbitration. No-fault liability is used for work-related injuries, and the employer is liable regardless of whether there is fault or not. Spiritual solatium payments are not supported. The conclusion of the general forensic appraisal agency is not good.

2, Why is she still working when she is retired? Is there a re-employment in the unit? If so, then it is an employment relationship, and if you are injured in a claim, you need to distinguish between faults.

1. Disability identification is legal.

2. These are the questions of your side to collect evidence, to see if the court supports it (generally no play), and the money in this regard should be paid by the work-related injury insurance first. You can apply for a work-related injury determination.

3. The spiritual solatium is unreasonable. According to the regulations on work-related injury insurance, there is no such request.

1. Legal. 2. Personally, I think that the company should take full responsibility, since they are all old workers, they don't have to be too serious!

3. The spiritual solatium mainly depends on the degree of injury and whether there is mental damage! This needs to be confirmed! There should be this case!

1: Qualified appraisal units are acceptable.

2: The company shall bear 100% responsibility for its own negligence (that is, the work-related injury shall be determined according to the division of liability according to strict liability, that is, the company shall bear it regardless of whether the employee is at fault or not, except for suicide and self-injury, of course).

3: Unreasonable, no moral compensation.

Work-related injuries need to go through the work-related injury identification procedure, first apply for work-related injury identification, and then identify the work-related injury level;

If the employer has paid work-related injury insurance, the work-related injury benefits are paid directly from the work-related injury**;

If the work-related injury insurance is not paid, the employer shall pay it, or apply for labor arbitration.

1. There will generally be no problems with the appraisal of judicial appraisal institutions, and if there is any objection, you can apply for re-appraisal 2. There is no problem of how to divide work-related injury compensation 3. Spiritual solace is generally not supported.

Zongheng Legal Network.

Lawyer Wang Lin.

Because work-related injury liability is no-fault liability, even if the work-related injury is caused by the employee's personal negligence, as long as the injury code of the employee meets the conditions for work-related injury, the employer still needs to be liable. The employer shall compensate the employee according to his/her injury and disability, and if the employee is disabled, he or she shall receive a one-time disability allowance and disability allowance according to the level of disability.

Legal basis: Article 34 of the Regulations on Work-related Injury Insurance If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of living care, he or she shall pay monthly living care expenses from work-related injury insurance.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Legal analysis: If an employee intentionally causes damage to others in the course of work, the employer can recover compensation from the employee after assuming responsibility, but there are certain restrictions on the proportion of compensation. However, if an employee suffers damage due to gross negligence in the course of his or her work, the employing unit may not recover compensation from the employee after assuming responsibility.

Legal basis: Civil Code of the People's Republic of China

Article 1191:Where an employee of an employer causes harm to others as a result of performing a work task, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently. If the dispatched staff member causes damage to others due to the performance of work tasks during the labor dispatch period, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

Article 1192:Where a labor service relationship is formed between individuals, and the party providing the service causes harm to others as a result of the service, the party receiving the service bears tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence. If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties.

During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear the liability for infringing on the rights of the third party, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

If an employee's negligence causes the company to suffer losses and other employees are injured, as long as the employee does not engage in drunkenness, drug abuse, suicide or self-harm, it is also considered a work-related injury. You should also be entitled to work-related injury benefits in accordance with the law. In work-related injury compensation, there is the principle of no fault for the worker.

Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: 1) Injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Died of sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Employees who have the circumstances in items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury protection in accordance with the relevant provisions of these Regulations; Employees who fall under the circumstances mentioned in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.