Is it responsible for fighting in the factory and injuring others?

During working hours and in the workplace, it is a work-related injury that is injured by an accident such as violence in the performance of work duties. If it does not fall under the above conditions, it cannot be recognized as a work-related injury, and the infringer shall bear the liability for compensation, and the employer shall not be liable for compensation in the case of mutual assault.

Legal analysisThose who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB; If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility.

Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Where this Law provides otherwise, follow those provisions. The scope of civil compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.

Legal basisRegulations 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) he or she is 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.

Whether the factory is responsible or not depends on the cause of the incident, although the fight is a personal act, but there may be many reasons for the action, and there may be one or two reasons for which the factory needs to be responsible. For example, the leader did not stop it when it could be stopped, and let it develop to the point of being out of control, so as to satisfy something that could not be told. For example, the labor tools should be placed in a non-standard manner, resulting in excessive injuries to the other party in the process of hands-on.

It is recommended that Xiaozhi can solve the problem with emotion and reason, after all, they are all wage earners, and they should be considerate of each other!

Because the factory should bear civil liability for injuring others in the performance of duties, and be responsible for other circumstances.

According to Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (Fa Shi (2003) No. 20), if a person fights with another person in the factory due to the performance of his duties and causes injury to others, the factory shall bear civil liability. Where the fight is unrelated to the performance of duties, the person fighting shall be responsible for it.

Attached: Supreme People's Court.

Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Legal Interpretation (2003) No. 20.

Where the legally-designated representatives, responsible persons, or staff of legal persons or other organizations cause harm to others in the course of performing their duties, the legal person or other organization bears civil liability in accordance with article 121 of the General Principles of the Civil Law. Where the above-mentioned persons carry out conduct unrelated to their duties and cause harm to others, the perpetrator shall bear responsibility for compensation.

If it is a cause of compensation under the "State Compensation Law", it shall be handled in accordance with the provisions of the "State Compensation Law".

Your friend's fight is a personal offense, not an act of duty, and the manufacturer is not responsible. Secondly, your friend has seriously violated the rules and regulations and wants to negotiate a settlement.

It's naïve to have everything solved by fighting.

If you are injured by a colleague due to work reasons, the factory has the responsibility to apply for a work-related injury appraisal, and if the labor department identifies that it is a work-related injury, the factory shall bear the losses such as medical expenses, nursing expenses, and lost work expenses, and can recover compensation from the person who illegally beat the person after payment.

If the factory is injured due to personal disputes and the factory is negligent in management, it should bear a certain amount of liability for compensation. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his 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 a person inflicts personal injury on another person, if it constitutes a minor injury or more than a minor injury, he shall bear criminal liability. If it does not constitute a minor injury, it is sufficient to bear tort liability and civil liability for compensation in accordance with the law.

Legal basis] Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

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.

Summary. Hello, in the factory due to work events caused by a fight and others are injured, the factory is responsible, and if the safety and security obligations are not fulfilled, the corresponding supplementary responsibilities will be assumed. According to the relevant laws and regulations, if the staff of the employer causes damage to others due to the performance of work tasks, the employer shall bear the tort liability.

Is the factory responsible for being injured by a colleague?

Hello, in the factory due to work events caused by a fight and others are injured, the factory is responsible, and if the safety and security obligations are not fulfilled, the corresponding supplementary responsibilities will be assumed. According to the relevant laws and regulations, if the staff of the employer causes damage to others due to the performance of work tasks, the employer shall bear the tort liability.

Article 1191 of the Civil Code of the People's Republic of China Where a staff member of an employer causes harm to others due to the performance of his or her work tasks, 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. 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.

Therefore, if you are injured by a colleague in the factory, not only the colleague has great responsibility, but the factory also needs to be responsible for you and make certain material or moral compensation.

Legal analysis: If a fight occurs in the factory due to work and causes others to be injured, the factory is responsible, and if it fails to fulfill its safety and security obligations, it shall bear the corresponding supplementary liability.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 9: Where a fight is covered by a fight caused by a civil dispute, or damage to other people's property, or other violations of the administration of public security, and the circumstances are relatively minor, the public security organs may mediate and handle it. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.

If no agreement is reached through mediation or no performance is reached after reaching an agreement, the public security organs shall, in accordance with the provisions of this Law, punish the violator of the administration of public security and inform the parties that they may file a civil lawsuit in the people's court in accordance with the law on the civil dispute.