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A fight with a leader during working hours, unless he is injured in the performance of his or her job duties, cannot be regarded as a work-related injury, and the legal basis is as follows:
Article 14 of the Regulations on Work-related Injury Insurance 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) Injured by violence or other accidents 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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a 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 national or public interests;
3) Employees who previously 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.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances 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.
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Did the leader hit you first? If he hits you first, if there are witnesses, you can sue him and ask him to pay compensation.
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Working hours belong to working hours, but injuries from fights do not belong to accidental injuries caused by labor and marketing wear or performance of work duties, so they do not meet the conditions for work-related injury determination and are not considered work-related injuries.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance 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) Injured or injured by violence or other accidents during the work hours and workplace during the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 16 of the Regulations on Work-related Injury Insurance An employee who meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, 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 addiction;
3) Self-harm or suicide.
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A fight with a leader during working hours, unless he is injured in the performance of his or her job duties, cannot be regarded as a work-related injury, and the legal basis is as follows:
Article 14 of the Regulations on Work-related Injury Insurance 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) Injured by violence or other accidents 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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a 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 national interests 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 revolutionary disabled serviceman's certificate, and were injured after arriving at the employer.
Employees who have the circumstances in items (1) and (2) of the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances 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.
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If they are all injured, they are all injured at work, and the Labor Bureau will not compensate for death.
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Legal analysis: An injury caused by a high limb frame during work is not a work-related injury and cannot be regarded as a work-related injury.
Legal basis: Law of the People's Republic of China on Public Security Administration Punishments Article 9: Where violations of the administration of public security such as fights or damage to other people's property caused by civil disputes are relatively minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the perpetrators of the anti-public security administration in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with the law regarding the civil dispute.
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Legal analysis: Injuries caused by fighting with abrasion socks during work cannot be regarded as work-related injuries if they are not injured at work.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 9 The public security organs may mediate and deal with violations of the administration of public security such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. After mediation by the public security organs, when the parties to the tomb reach an agreement, they will not be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
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Summary. Hello, I'm glad to answer for you: Is a fight between colleagues at work considered a work injury?
Hello, dear. Not really. According to the provisions of the relevant laws of our country, if an injury is caused by a quarrel or fight with a colleague during work, it is not a work-related injury and cannot be recognized as a work-related injury, and the beater shall bear the responsibility for compensation.
Hello, I'm glad to answer for you: Is a fight between colleagues at work considered a work injury? Hello, dear.
Not really. According to the rules of the relevant laws of our country, if an injury is caused by a quarrel or fight with a colleague during work, it is not a work-related injury, and it cannot be recognized as a work-related injury, and the beater shall bear the responsibility for compensation.
According to Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be recognized as a work-related injury: (1) 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) Injured by violence or other accidents 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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Article 15 If an employee has one of the circumstances listed in the rent, it shall be regarded as a work-related injury
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed; (2) Suffering harm in activities to preserve the national interest or the public interest, such as emergency rescue and rescue of spinal disasters; (3) Employees who previously served in the army, were disabled due to war or duty abuses, and have obtained a revolutionary disabled military certificate, but were injured after arriving at the employer.
Dear, to sum up, a fight between colleagues at work is not considered a work injury, and it is not a work-related injury situation that is not legally stipulated in the work-related injury insurance regulations. This situation is a dispute between the parties, and the party should be liable for compensation.
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