What kind of responsibility do I need to bear for the injury of others due to illegal operation?

I commanded the tower crane to hit the worker and fractured my wrist, do I have to pay for medical treatment and compensation?

The economic loss of the employer caused by the employee's negligence.

In practice, it is very common for employees to cause economic losses to the employer due to their negligence, for example, the illegal operation of employees causes damage to machinery and equipment, and the driver's illegal driving causes traffic accidents.

The law does not stipulate what proportion of the liability of the employee shall be borne by the employee, which is the right of the employer to use the employer independently. Once such a situation occurs, the employer may refer to the rules and regulations, take into account the on-the-job training, the degree of the employee's fault and other relevant factors, and decide in writing to deduct a certain amount of wages from the employee's salary on a monthly basis to make up for the loss of the unit.

When terminating the labor contract, the employee shall pay the employer a lump sum for the losses that have not been made up. If the labor considers that the liability for compensation is too heavy, it may apply for arbitration to reduce it.

Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.

If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Regulations of Guangdong Province on Payment of Wages

Article 15 Where the employer shall be liable for compensation for direct economic losses caused by the fault of a worker in accordance with law, the employer may deduct the compensation fee from the employee's salary, but shall inform the employer in writing in advance of the reason and amount of the deduction; No deduction shall be made without written notice. The balance of the monthly salary after deducting the compensation fee shall not be lower than the local minimum wage standard.

Legal Analysis: Do you need to be held responsible for non-compliant work-related injuries? You will not be held responsible for non-compliant work-related injuries, but you will be punished for illegal operations

China's work-related injury insurance implements the principle of no-fault and no-liability compensation, that is, in the event of a work-related injury, regardless of whether the actor is at fault or not, as long as there is a damage result, it should be recognized as a work-related injuryAny employee who is accidental and negligent, even if he violates the operating procedures or behavior of the enterprise, is responsible for injury, disability or death, or is guilty of defence, as long as it is not suicide or self-injury, etc., shall be recognized as a work-related injury and enjoy work-related injury insurance benefitsHowever, they will be punished for illegal operation.

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.

Employees who are injured at work are not entitled to medical treatment for non-work-related injuries and are treated 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.

Summary. Medical expenses need to be compensated.

What kind of responsibility do I need to bear for the injury of others due to illegal operation?

Hello, I'm asking a lawyer, I'm reading your question oh, please wait a little longer Hello. I'm the lawyer who asked.

It's a pleasure to serve you.

Medical expenses need to be compensated.

A medical certificate is required for the exact amount of compensation.

Regarding work-related injury compensation, according to Article 12 of Xinxiang of the Judicial Interpretation on Personal Injury Compensation, regardless of whether the employer pays the work-related injury insurance premium for its employees, as long as the employee has a work-related accident, he or she should first apply for compensation for work-related injury insurance in accordance with the relevant provisions of the "Regulations on Work-related Injury Insurance".

Summary. Hello, I'm glad to answer for you According to your description, because the illegal operation has caused harm to others, then this person needs to bear the corresponding legal responsibility. According to the Tort Liability Law of the People's Republic of China, if an individual or unit infringes upon the legitimate rights and interests of others and causes losses in business or management activities, it shall bear tort liability and compensate the victim for the losses.

Therefore, if a person's illegal operation causes injury to others, then he needs to take responsibility for his own actions, bear the corresponding civil liability, and compensate according to the actual situation. In addition to civil liability, criminal liability may also be incurred if the violation involves a criminal offense.

Hello, I'm glad to answer for you According to your description, because the illegal operation refers to the harm caused to others, then the person who refers to the taunt needs to bear the corresponding legal responsibility. According to the Tort Liability Law of the People's Republic of China, if an individual or unit infringes upon the legitimate rights and interests of others and causes losses in business or management activities, it shall bear tort liability and compensate the victim for the losses. Therefore, if a person's illegal operation causes injury to others, then he needs to be responsible for his only actions, bear the corresponding civil liability, and compensate according to the actual situation.

In addition to civil liability, criminal liability may also be incurred if the violation involves a criminal offense.

Legal basis: The Tort Liability Law of the People's Republic of China is a law formulated for acts that infringe on the rights and interests of others, and Article 1 of it stipulates the scope of application of the law: "The tortious act of the Ant in this Law refers to the act of causing losses to others due to illegal infringement of the personal rights, property rights, and other legitimate rights and interests of others, and causing losses to others, and shall bear tort liability. Therefore, if a person's illegal operation causes personal injury to others, then his behavior is a tortious act, and he needs to bear tort liability and compensate the victim for losses.

Are the workers themselves liable for the work-related injuries caused by illegal operations? Are the workers themselves liable for the work-related injuries caused by illegal operations? Injuries caused by illegal business operations do not affect work-related injury insurance benefits, but penalties are imposed for illegal operations.

Injuries caused by illegal business operations do not affect work-related injury insurance benefits, but penalties are imposed for illegal operations. According to the provisions of the Social Insurance Law and the Regulations on Work-related Injury Insurance, work-related injury insurance is "no-fault liability insurance", and employees are not entitled to work-related injury insurance benefits and are not liable for work-related injury insurance benefits due to the fault treatment of work-related injury insurance. However, according to Article 144 of the Work Safety Law, Article 4 of the Emergency Notice of the General Office of the People's Republic of China on Strengthening Work Safety (Guo Fa Invention [2004] No. 7) stipulates that the employer shall punish the injured employee for illegal operation due to the cause of the accident.

Article 104 of the Work Safety Law stipulates that if an employee disobeys the management of the production and business operation unit and violates the safety production regulations or operating procedures, the production and business operation unit shall be criticized and educated in accordance with the relevant rules and regulations; where a crime is constituted, criminal responsibility is pursued in accordance with the relevant provisions of the Criminal Law. Office. Urgent Notice on Security Enhancements.

Guodian Invention [2004] No. 7 strict safety work responsibility system. Safety work should be carried out in accordance with the "Safety Section."

First, the principle of "prevention first", focusing on prevention, and implementing the responsibility system for safety work at all levels. This year, the Work Safety Committee issued the "Guiding Opinions on Safety Production Management", and all regions and departments should implement and implement the responsibilities of grassroots and production and business operation units. At the same time, it is necessary to strengthen supervision and assessment, form an effective incentive and restraint mechanism, and greatly reduce the number of accidents, especially the number of accidents.

Serious production safety accidents, the responsibility is not realized, we will strictly follow the cause of the accident did not find the cause of the accident not responsible for not passing, not passing, corrective measures have not been fulfilled, the relevant personnel have not been educated, do not pass the "four pass" principle and the provisions on administrative responsibility for catastrophic accidents (*** order. Serious leaders and those responsible will be condemned. It was decided to dispatch an investigation team to find out the cause of the accident and to take seriously the recent serious accident.

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Are the workers themselves liable for the work-related injuries caused by illegal operations? Are the workers themselves liable for the work-related injuries caused by illegal operations? 1. Work-related injuries caused by illegal operation will not affect work-related injury insurance benefits, but will be punished for illegal operation.

2. In accordance with the provisions of the "Social Insurance Law" and the "Regulations on Work-related Injury Insurance", work-related injury insurance implements no-fault liability insurance, and employees do not affect work-related injury insurance benefits because of their own faults, and do not divide responsibilities in enjoying work-related injury insurance benefits. 3. In accordance with Article 104 of the Work Safety Law and Article 4 of the Emergency Notice on Strengthening Safety Work (Guoban Invention Dian [2004] No. 7) of the General Office of the People's Republic of China, the employer shall punish the injured employee if he or she violates the rules and regulations and causes an accident. Employees of production and business operation units who do not obey the management and violate the rules and regulations of production safety or operating procedures shall be criticized and educated by the production and business operation units and punished in accordance with the relevant rules and regulations; where a crime is constituted, criminal responsibility is pursued in accordance with the relevant provisions of the Criminal Law.

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