Is the property company liable for compensation for accidental injury to a factory employee?

Updated on society 2024-04-04
8 answers
  1. Anonymous users2024-02-07

    Theoretically, the injured employee was injured in the factory area, which belongs to the category of work-related injuries. His medical expenses should be divided into three parts, with the work-related injury insurance covering most of the costs, the medical insurance covering part of the costs, and the individual bearing the rest. What you need to compensate is the third part, which is the medical expenses borne by the injured employee.

    And this part should be borne by the property company you work for in the first place.

    From what you have said, it is clear that both you and the injured employee's employer are evading responsibility. The factory does not want to be liable for work-related injuries, and the property company wants to avoid liability for compensation.

    It is recommended that you negotiate with the injured employee and go to the labor inspection department to report and complain to the company where they work, and seek judicial support. The top priority should be to cooperate with the injured employee to do a work-related injury evaluation.

  2. Anonymous users2024-02-06

    According to your description, it is already very clear: tell the injured person to negotiate with your company to settle the problem, you have paid 2,000 yuan, more than the limit of 20% of your maximum compensation, you are not an intentional act, it is working hours, it is an act of duty, the property company will pay up to 60%, and the injured person also has 20% responsibility, he did not fulfill his duty of care, but your company is too negative, too tasteless, if you file a lawsuit, the property company still has to pay, deduct your salary too much, go to the local labor inspection brigade to complain about your company, You can also find the leader of the injured person's unit to coordinate with your company and ask the injured person not to harass you again, otherwise you can call 110 if the above situation happens again, so that ** mediates and coordinates.

  3. Anonymous users2024-02-05

    You are acting in the workplace, even if you have gross negligence, you don't have to bear full responsibility, the property company, the order you serve, the injured employee and even the manufacturer of the door need to be held responsible. It is definitely not right to deduct your salary, and you can complain to the local labor inspection department.

  4. Anonymous users2024-02-04

    Legal Analysis: Yes. The property management company shall compensate the victim for medical expenses, lost work expenses and other losses.

    Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, 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.

  5. Anonymous users2024-02-03

    Summary. 1. If it falls within the scope of work-related injury, it shall be treated as work-related injury, and the unit shall bear the corresponding responsibility.

    Legal basis: 1. Regulations 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) 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.

    2. Social Insurance Law of the People's Republic of China

    The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with national regulations:

    1) Wages and benefits during the work-related injury;

    2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

    3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

    2. If it does not fall within the scope of work-related injury, the infringing party shall pay tort damages.

    What is the responsibility of the unit that is injured in the work of property security?

    Your question has been received, it will take a little time to type, please wait a while, please don't end the consultation, you can also provide more effective information, so that I can answer for you more coarsely and dry.

    1. If it falls within the scope of work-related injury, it shall be treated as work-related injury, and the unit shall bear the corresponding responsibility. Legal basis: 1. Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee in Laozhou who has one of the following circumstances shall be recognized as 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) 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. 2. The following expenses incurred due to work-related injuries in the Social Insurance Law of the People's Republic of China shall be paid by the employer in accordance with national regulations: (1) wages and benefits during the work-related injury; 2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) When terminating or dissolving the labor contract, the one-time disability employment subsidy shall be enjoyed by Shenyan.

    2. If it does not fall within the scope of work-related injury, the infringing party shall pay tort damages.

  6. Anonymous users2024-02-02

    Legal Analysis: Yes. The property management company shall compensate the victim for medical expenses, lost work expenses and other losses.

    Legal basis: Criminal Law of the People's Republic of China, Article 234 Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph and causes 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, shall be sentenced to 10 years imprisonment, life imprisonment or death.

    Where this Law provides otherwise, follow those provisions.

  7. Anonymous users2024-02-01

    Some. The property management company shall compensate the victim for medical expenses, lost work expenses and other losses. Criminal Law of the People's Republic of China Article 234:Whoever intentionally injures or causes harm to the body of another person shall 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, imprisonment without a clear reign, or death. Where this Law provides otherwise, follow those provisions. Yard positive game.

  8. Anonymous users2024-01-31

    Some. The property management company shall compensate the victim for medical expenses, lost work expenses and other losses.

    1. The method of calculating the total cost of medical damages.

    The cost of medical damages is calculated as follows:

    1. The medical expenses shall be determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.

    2. The nutrition fee shall be determined according to the disability of the victim with reference to the opinions of the medical institution.

    3. The compensation for lost time is determined according to the victim's lost time and income.

    2. The standard of compensation for minor injuries in general traffic accidents as stipulated in the law.

    The standard of compensation for minor injuries in general traffic accidents stipulated by law: medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies and other reasonable expenses incurred for ** and **, as well as the loss of income due to lost work. Among them, the compensation for lost work is determined on the basis of the victim's lost time and income, and the medical expenses are determined on the basis of the receipt vouchers issued by the medical institution such as medical expenses and hospitalization fees, combined with relevant evidence such as medical records and diagnosis certificates.

    3. What is the amount of second-degree compensation for minor injuries?

    The amount of second-degree compensation for minor injuries is determined according to the actual situation and the local consumption level. The compensation for medical expenses shall generally be determined by the diagnosis certificate of the local ** hospital and the receipts or medical records and prescriptions of medical expenses, ** fees, and hospitalization fees. The date of the victim's loss of work shall be determined according to the actual degree of damage, recovery status, and with reference to the forensic evaluation or the certificate issued by the ** hospital.

    If the victim really needs to recuperate but does not have a leave certificate, he or she may handle it as appropriate after seeking the opinion of the forensic doctor or ** hospital. Where the victim has a regular income, compensation for lost work expenses shall be calculated on the basis of the actual loss of income.

    Article 234 of the Criminal Law of the People's Republic of China provides that whoever intentionally harms the body of another person is 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 causes serious injury 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.

Related questions
8 answers2024-04-04

Difference: Security companies, founded by the public security, are trained, licensed, and employed by them. But the personnel only do security work, which is relatively positive. >>>More

4 answers2024-04-04

If the property management company withdraws from management, it needs to be managed as follows: >>>More

7 answers2024-04-04

First of all, you have made a huge mistake, the owner only bears the renovation management fee, garbage removal freight, and construction permit fees. The decoration deposit is charged to the decoration company, mainly because the property company restricts the decoration personnel, not the cost that the owner should pay. I think the property company may have told you, or there is a relevant text in the agreement, and you may also know. >>>More

4 answers2024-04-04

The business model of the property company.

1 Establish a marketing agency. >>>More

3 answers2024-04-04

Security Duties and Job Requirements:

1. Maintain the order of entry and exit of personnel and vehicles at the door and the public order of the region, and pay attention to etiquette and politeness. >>>More