Is an injury caused by a worker playing around on a construction site considered a work related inju

No, because such injuries are not due to work.

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) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours.

3) Suffering from violence or other accidental injuries during working hours and in the workplace due to the performance of work duties, 4) Suffering from occupational diseases.

5) Injured or unaccounted for in an accident while away for work, 6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is 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.

Employees playing on the construction site have seriously violated work discipline, and it is strictly forbidden to fight at work, and should be punished, because the injury caused by the fight can only be borne by themselves, and the medical expenses incurred will not be reimbursed, let alone work-related injuries.

This question should be asked privately, first of all, if you play around during working hours, the injury caused by it is definitely not a work-related injury. But if you don't say it, just say it's caused by work. And then the nature changed.

Legal Analysis: There is a certain amount of responsibility. 1. From the point of view of the behavior, it is an illegal act, and the qualitative depends on the degree of the behavior, if it is only a hit twice and does not cause harm, it is a dispute or infringement event, and it should be dealt with as civil.

2. If there is a mutual assault, it should be a fight, if the impact is very much or slightly hurts others, it is a public security case, and it must be punished according to public security, and the offender must bear civil liability for compensation while accepting the public security punishment. If necessary, it can be treated as a work-related injury.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (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.

Summary. Hello dear, it's an honor to answer for you; There is no responsibility on the construction site; Judgment on the nature of the fight on the construction site 1From the point of view of the act, it is an illegal act, and the qualitative depends on the degree of the act, if it is only a hit twice and does not cause harm, it is a dispute or tort incident, and it should be treated as civil; 2.

If there is a mutual assault, it should be a fight, and if it has a very good impact or slightly injures others, it is a public security case and must be punished by public security, and the offender must bear civil liability for compensation while receiving public security punishment; 3.If one party strikes hard and causes more than minor injuries to others, it is guilty of crime and punishment, and the infringer must bear civil liability for compensation at the same time as criminal liability.

Hello dear, it's an honor to answer for you; There is no responsibility on the construction site; Judgment on the nature of the fight on the construction site 1From the point of view of the act, it is an illegal act, and the qualitative depends on the degree of the act, if it is only a hit twice and does not cause harm, it is a dispute or tort incident, and it should be treated as civil; 2.If there is a mutual assault, it should be a fight, and if it has a very good impact or slightly injures others, it is a public security case and must be punished by public security, and the offender must bear civil liability for compensation while receiving public security punishment; 3.

If one party strikes hard and causes more than minor injuries to others, it is guilty of crime and punishment, and the infringer must bear civil liability for compensation at the same time as criminal liability.

Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 26: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting; (2) Chasing or intercepting others; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking trouble.

Article 292 of the Criminal Law of the People's Republic of China: Where a crowd is assembled to fight, the ringleaders and others who actively participate are sentenced to up to three years imprisonment, short-term detention or controlled release; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years: (1) gathering crowds to fight multiple times; (2) Gathering a crowd to brawl with a large number of people, a large scale, and a heinous social impact; (3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order; (4) Assembling a crowd to fight with weapons. Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

Due to the inadequate management of the construction site, the workers had disputes and minor injuries.

Is the company liable for medical expenses and lost time expenses?

Dear, no.

Pro, only both sides can bear each other.

One worker operates dangerously, and the other party stops it, resulting in a dispute to a slight injury, and the company's administrator and construction staff are not on site for a long time to cause this situation.

Is the company liable?

Dear, there is no legal responsibility.

If you are injured, you can ask your co-worker for compensation.

The responsibility for a fight between workers on a construction site needs to be judged according to the actual situation to determine who is responsible. Fights for personal reasons do not count as work-related injuries. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance provides that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons; (2) Injured in an accident while engaged in work-related preparatory or finishing work in a rough burial site before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing their duties and 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 in which laws and administrative regulations provide that rock cheating ants shall be recognized as work-related injuries.

Legal Analysis: The responsibility for the fight of the workers on the construction site needs to determine who is responsible according to the actual situation. Fights for personal reasons do not count as work-related injuries.

1. Who is responsible for the injuries caused in the fights of primary school students?

Who is responsible for the injuries of schoolchildren in school fights, first of all, it is necessary to distinguish between different situations:

1. If the child is harmed by the school's fault, then the school must be responsible.

2. If it is because of the harm caused to the child by a third party in the school, and the school has not fulfilled the corresponding obligations, it is still necessary to be responsible for the child, and the third party must compensate at the same time.

2. How to punish minor injuries caused by a fight between the two sides.

After a fight occurs, the public security organs will intervene in the investigation, and after judicial appraisal, if one of the parties to the fight is slightly injured and the other is slightly injured, the legal responsibility shall be determined according to the responsibility in the fight, and if the main responsibility is borne, civil compensation shall be paid to the other party and medical expenses. This is only in terms of civil liability, and the police also pursue the criminal liability of the parties, including public security detention or criminal punishment.

3. What is the responsibility for causing minor injuries to a person at the age of 15?

Where a person under the age of 15 causes minor injury, his guardian shall bear civil liability for compensation.

A 15-year-old who fights and causes minor injuries generally does not constitute a crime, and will not bear criminal responsibility, but for the guardian, he or she needs to bear all the medical expenses of the injured party, and for minors who fight, they should be strictly disciplined, and this behavior cannot occur again.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance provides that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

1) Being 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.

Legal Analysis: Steps to Compensation for Worker Injuries Injured on the Construction Site:

1. Confirmation of labor relationship is the first step in applying for work-related injury, first of all, it is necessary to go to the arbitration department to confirm that both parties have an employment relationship, apply for work-related injury appraisal, and confirm the disability level is the basis for confirming compensation;

2. Require the employer to pay the medical expenses in advance. Be careful not to pay the medical expenses yourself, otherwise it will be very passive to deal with the work-related injury in the future, whether it is a negotiation or a lawsuit;

3. It is very important to collect relevant certificates of labor relations, and the proof of labor relations is a necessary material for applying for work-related injury identification, and without the labor relationship certificate, the next step of the work-related injury identification procedure will not be started.

Legal basis: Regulations on Work-related Injury Insurance

Article 19 After accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the examination, conduct an investigation and verification of the accident injury, and the employer, employees, trade union organizations, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The social insurance administrative department shall no longer conduct investigation and verification of those who have obtained an occupational disease diagnosis certificate or an occupational disease diagnosis and appraisal certificate in accordance with the law.

If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application Form for Recognition of Work-related Injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.

Article 20 "The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the worker's unit in writing of the application for work-related injury determination.

The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.

Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves. ”