What should the school be responsible for the injury of a student at the school? What compensation c

In the case of students under the age of 10, the principle of "presumption of fault" applies; That is, as long as the student is injured, the school is presumed to be at fault and thus bears the liability for compensation. In the case of students over the age of 10 but under the age of 18, the school is liable only if the student proves that the school is at fault (in this case, it can be said that the school has not fulfilled the corresponding management obligations).

Compensation items include medical expenses, nursing expenses, transportation expenses, hospital meal allowances, disability compensation, etc., which cannot be accurately calculated due to the different standards in each region.

The school shall be liable for the injury of the student corresponding to the fault of the school.

The compensation standard is based on the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in Shenli Personal Injury Compensation Cases and the local traffic accident compensation standard.

1. If the school is injured at school, the insurance company where the school and the student are insured shall be jointly and severally liable for compensation.

2. You can ask the other party to make civil compensation, claim compensation for medical expenses, lost work expenses, preparation for spring nutrition, nursing expenses, property losses, etc., and if it constitutes disability, you can also request the other party to compensate for disability compensation. The amount of the fee can be referred to the following criteria.

1) Medical expenses.

The amount of medical expenses is determined according to the hospital's diagnosis certificate and formal medical invoices. Including the **fee, examination fee, surgery fee, medical fee, hospitalization fee, plastic surgery fee and follow-up ** and other expenses you pay for **;

2) Nutrition fee.

The amount of nutrition expenses is determined on the basis of a doctor's certificate of diagnosis of nutritional needs and proof of related expenses. It refers to the cost of purchasing nutritional products other than daily diet for the purpose of assisting the body with the disease of the body or making the body as soon as possible.

3) Lost work expenses and nursing expenses.

Lost time pay and nursing care expenses are determined based on the lost time and income of the victim or caregiver. If there is a fixed income, the compensation for lost work shall be calculated according to the actual reduced income. if they have no fixed income, it shall be calculated according to their average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

If you claim lost time pay, you can show proof of income.

4) Transportation and accommodation expenses.

The transportation expenses are calculated based on the actual transportation expenses incurred by you and the necessary escorts for medical treatment, escort or hospital transfer**;

The accommodation fee shall be paid according to the actual accommodation fee incurred by you and your accompanying person;

The hospital meal subsidy should be calculated on the basis of actual expenditures and expenses or the actual local standard of living;

5) Disability compensation.

Disability compensation is calculated on the basis of the level of disability determined by the forensic medical examination, the living expenses or income standard of the victim's place of residence or actual residence. According to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year announced by the local government, it is calculated as 20 years from the date of determination of disability. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; those over the age of 75 are counted as five years;

6) Disability Assistive Devices.

The fee for disability assistive devices is calculated according to the reasonable cost standard of commonly applicable devices.

7) Property damage.

Property damage is limited to the actual property damage you suffer, including the cost of repairing the item, depreciation fee, etc., to the actual value of the damaged item. Invoices, contracts, receipts, and so forth for the purchased items shall be provided to prove the value of the damaged items, and if the value cannot be determined, an appraisal may be applied for, and the appraisal shall be determined on the basis of the appraisal conclusions.

3. The statute of limitations for personal injury compensation is 1 year, calculated from the date on which the infringement was known or should have been known. If the statute of limitations is exceeded, the right to win the lawsuit will be lost, so it is recommended to sue within one year to protect their legitimate rights and interests.

Prosecution requires a visit to the court where the defendant is located, usually the court of the place of domicile or habitual residence (residence for more than one year).

According to the laws of our country, if a student is injured at school, the school or the third party who caused the injury shall be liable. Where the school is at fault and fails to fulfill its educational and management duties, it shall bear supplementary liability for compensation. If the school fulfills its educational and management duties, it does not need to be held responsible, and the student who hit the person is liable.

1. Is the school responsible for the child who falls and breaks his bone at school?

If a student is injured at school, if the school fails to fulfill its guardianship obligations, it shall bear the responsibility corresponding to his or her fault. The so-called liability of educational institutions refers to the liability of educational institutions for compensation when persons without or limited civil capacity suffer personal injuries or damage to others due to the failure of educational institutions to perform their corresponding educational management duties during the period of study and life in kindergartens, schools and other educational institutions. When a student is injured during the course of studying or living in an educational institution, the educational institution shall not bear the responsibility of guardianship without fault, but can only bear tort liability for the harm caused to the minor student due to its own fault.

2. What should a person with no capacity for civil conduct do if he encounters personal injury in college?

Where a person lacking capacity for civil conduct causes harm to others, the guardian bears civil liability. Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but can prove that he has fulfilled his educational or management duties, and is not liable.

3. What should I do if my child is beaten by a classmate at school?

If a child is beaten by a classmate at school, the parents may negotiate with the other parent for compensation, and if the negotiation fails, the problem can be resolved through litigation, and if the school fails to fulfill its educational and management duties, the parents of the child who was beaten may also demand that the school bear tort liability. However, if the school can prove that it has fulfilled its educational and management duties, it shall not bear tort liability.

Article 1199 of the Civil Code.

Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Article 1,200.

Where a person with limited capacity for civil conduct suffers personal injury during the period of study or life at a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall bear tort liability.

If a student is injured, the school is generally liable for compensation for the blindness.

China's relevant laws and regulations provide that schools, kindergartens, or other educational establishments that have obligations to educate, manage, or protect minors in accordance with law, and fail to perform relevant obligations within the scope of their duties, causing minors to suffer personal injury, or minors causing personal injury to others, shall bear liability for compensation corresponding to their fault.

Where a third party's infringement causes a minor to suffer personal injury, they shall bear responsibility for compensation.

Schools, kindergartens and other educational institutions that are at fault shall bear the corresponding supplementary liability for compensation.

Generally, there is insurance, just go directly to the insurance company for reimbursement.

The compensation for injuries sustained by students at school is as follows:

The law does not stipulate a specific standard of compensation, and it is generally subject to the consensus between the student's guardian and the school. Generally, the amount of compensation will not exceed the amount of loss you have suffered. (The principle of disadvantage).

You can claim compensation for the following: medical expenses (hospitalization, ** fees, medication expenses, etc.). Lost time pay for guardians (lost wages due to childcare). Hospitalization nutrition subsidy (to improve mold crack nutrition, food). Other economic losses.

In general, you will need to show evidence that the compensation you are seeking is reasonable. For example, medical invoices, guardians' pay stubs, leave slips, and so on. You can only ask the school to compensate you for your losses! So, if you take time off work to take care of your children.

If the employer deducts your salary, you can ask the school to compensate you for the lost salary, which is the so-called lost time pay. Therefore, the standard for deducting your salary by the employer is the standard for you to claim lost time pay.

1. If the child is injured at school, will the school be held responsible? What are the legal bases for liability?

1. The teacher's professional behavior caused the child to be injured. Indemnified party: School. Legal basis: Article 1191 of the Civil Code (effective as of January 1, 2021):

If the staff of the employer causes damage to others due to the performance of their work tasks, the employer shall bear the tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.

2. Students are injured in frolicking, fighting, or self-inflicted injuries at school. The indemnifying party: if you are at fault, you will bear certain responsibilities for bending yourself; If there is an infringer, the infringer bears certain liability; Schools that fail to fulfill their educational and management obligations also bear certain responsibilities.

Legal basis: Article 1199 of the Civil Code: A person who lacks the capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school or other educational institution.

Kindergartens, schools or other educational institutions shall bear tort liability; However, those who can prove that they have fulfilled their duties of education and management shall not bear tort liability.