Can an enterprise hold an injured employee liable for negligence compensation?

Legal analysis: If an employee causes damage to others due to the performance of work tasks, the unit that uses the key to cover the world shall bear the tort liability, and the employer shall have the right to recover compensation from the staff who have intentional or gross negligence after assuming the responsibility. If the employee does not cause damage to others due to the performance of work tasks, he or she shall be liable for compensation.

After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently. During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, 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.

If an employee is found to have a work-related injury after an accident occurs, even if the employee is at fault, it does not affect the compensation for the work-related injury, and the work-related injury insurance and the employer shall jointly bear the responsibility for compensation according to the injury caused by the work-related injury.

1. Relevant legal provisions.

Regulations of the People's Republic of China on Work-related Injury Insurance

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to their work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee and the work-related injury, as well as the certificate issued by the medical institution and the approval of the handling agency, the transportation, food and lodging expenses required for the injured employee to seek medical treatment outside the co-ordination area shall be paid by the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original wages and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit to which he belongs on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Work-related injuries caused by gross negligence on the part of employees fall under the circumstances of Article 14 or Article 15 of the Regulations on Work-related Injury Insurance and Hail Insurance, and shall be recognized as work-related injuries or treated as work-related injuries. However, one of the following circumstances is not permitted: drunk or addicted to drugs; intentionally committing a crime; Self-harm or suicide.

As long as the injury suffered by the employee meets the conditions for work-related injury, the employer must be liable regardless of whether the employee is at fault or not.

1. Is ** caused by intentional crime not considered a work-related injury?

If an employee causes ** due to an intentional crime, it cannot be counted as a work-related injury. In any of the following circumstances, an employee must not be found to be a work-related injury or treated as a work-related injury: intentional crime; self-harm or suicide; Drunkenness or drug use; Other circumstances stipulated by laws and administrative regulations of Shufan.

If there are no of the above-mentioned circumstances, the employer shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

2. Is falling and breaking a bone on the way to work a work-related injury?

Not counted. There are only two circumstances in which an employee is injured on the way to and from work and can be recognized as a work-related injury or treated as a work-related injury:

1. On the way to and from work, at a reasonable time and route, if you are injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train, which is not your primary responsibility, it shall be deemed to be a work-related injury if it meets the requirements of Article 14 (6) of the Regulations on Work-related Injury Insurance;

2. If a person is injured in participating in emergency rescue and disaster relief and other activities to safeguard national interests and public interests, and meets the provisions of Article 15 (2) of the Regulations on Work-related Injury Insurance, it shall be regarded as a work-related injury.

The employee who fell and injured himself on the way to work obviously does not belong to these two situations, so it cannot be recognized as a work-related injury or regarded as a work-related injury.

3. Does the company use compensation for employees who fight during working hours?

Employees fight during working hours, and the company does not have to compensate. In any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1. Intentionally committing a crime;

2. Drunk or drug-addicted;

3. Self-harm or suicide.

If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

1. Died of sudden illness during working hours and at work, or died within 48 hours after rescue failed;

2. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests;

3. Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Article 10 of the Regulations on Work-related Injury Insurance.

Employees who meet the requirements of Articles 14 and 15 of these Regulations, but have any of the following circumstances, must not be found to be a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.