Is an intern injured at work considered a work related injury, and is the medical expenses reimburse

If an intern is injured at work, if it is a student internship, it is not considered a work-related injury, but the employer can be required to pay compensation. Legal basis: Article 11 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 The employer shall be liable for compensation for personal injuries suffered by an employee in the course of employment activities. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.

After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

Of course, it should be counted as a work-related injury, it should be at work. The law says it!! 1

Legal Analysis: There are 8 categories of specific persons who can be included in the scope of work-related injury insurance, namely: 1

Workers who have exceeded the statutory retirement age; 2.Internship students ; 3.Unit trainees; 4.

Employees in new industries who provide online car-hailing, take-out, express delivery and other labor services; 5.domestic service workers working in domestic service agencies; 6.Volunteer service organizations established in accordance with law recruit volunteers to engage in specific public interest activities; 7.

Persons who have been entitled to the first to fourth grade work-related injury disability allowance or disability allowance; 8.Personnel of the two committees of the village (community).

Legal basis: Regulations on Work-related Injury Insurance

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to 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 for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from 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 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

China's "Labor Law" and "Regulations on Work-related Injury Insurance" stipulate that employees who have established legal labor relations with the employer must be eligible for work-related injury insurance benefits. Students do off-campus internships and their student status remains unchanged. Therefore, the injuries suffered during the internship cannot be treated as work-related injury benefits according to the law, but can be resolved through negotiation with the company.

If the negotiation cannot be handled, the court can be appealed to for a ruling. A qualitative act of a worker who infringes on his or her person due to improper operation or other reasons in the course of work or deemed work, and conducts a qualitative act in order to identify the subject of the infringement. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department.

According to 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) 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 motor vehicle accident while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Died of 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 the national interest 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 certificate of disabled revolutionary servicemen, but 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 fall under the circumstances mentioned 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. Article 16 In any of the following circumstances, an employee shall not be recognized as a work-related injury or treated as a work-related injury

1) For committing a crime or violating the administration of public security; (2) Drunkenness causes **; (3) Self-harm or suicide.

Injuries sustained during the internship period of a graduate cannot be treated as a work-related injury, and if a graduate's injury during the probationary period meets one of the circumstances specified in Article 40 of the Regulations on Work-related Injury Insurance, it shall be treated as a work-related injury. Circumstances of work-related injury determination: Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; suffering from occupational diseases; Other.

[Legal basis].

Article 12 of the Opinions on Several Issues Concerning the Implementation of the Implementation.

Students who use their spare time to work and study are not regarded as employment, and they may not sign labor contracts without establishing labor relations.

Article 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be 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) 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.

1.If you are injured during the internship, you will not be able to determine your work-related injury, and the dispute will be resolved through the work-related injury procedure.

2.From a legal point of view, there is no employment relationship between the student and the employer during the internship period. There is no employment relationship between the employer and the intern, and they are not subject to the adjustment and protection of the Labor Contract Law, nor are they entitled to work-related injury insurance benefits.

3.However, the fact that an intern does not apply to a work-related injury does not mean that he or she has "injured a white injury", and the victim can still sue for personal injury compensation. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation.

During the student's internship, the company supervises and manages the student on site, and the company is the beneficiary, and the relationship between the two actually forms an employment relationship, so the injured student should claim compensation from the company.

4.If you want to resolve the dispute, in addition to negotiating with the unit, you can only do a judicial appraisal first, and then resolve it through the personal injury compensation procedure through the court!