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Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 9 Where an employee causes injury to a person in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to another person intentionally or through gross negligence, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

"Referred to in the preceding paragraph"."Engage in employment activities"refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be"Engage in employment activities"。

Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. 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.

The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Determination of work-related injury] The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the labor and social security department within 30 days from the date of occurrence of the accident.

If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for work-related injury recognition (collected by the local labor department);

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate (including copies of outpatient medical records, emergency medical records, and inpatient medical records);

Within 60 days from the date of receipt of the application for work-related injury determination, the labor and social security department shall issue a "Work-related Injury Determination" and notify the unit, the employee or his or her relatives. Employees can apply for work-related injury disability appraisal and enjoy work-related injury benefits with the "Work-related Injury Certificate".

Migrant workers who want to apply for legal aid can apply to the legal aid institution in the place where they live, and they should submit the application form, proof of financial hardship, ID card and other basic materials, and under normal circumstances, the result can be obtained in about seven days.

1. How do migrant workers apply for legal aid?

1. Where a worker requesting payment of labor remuneration does not have a client due to financial difficulties, he may apply to a legal aid institution for legal aid.

2. The criteria for whether a worker is in financial difficulty shall be determined by the local people of the province, autonomous region, or municipality directly under the Central Government in accordance with the economic development status of the administrative region and the needs of legal aid undertakings.

Where the economic hardship standards for the worker's applicant's domicile are inconsistent with the economic hardship standards for the location of the legal aid institution accepting the application, follow the economic hardship standards for the location of the legal aid institution accepting the application.

3. Applications for legal aid shall be submitted to the legal aid institution for the domicile of the obligor paying labor remuneration.

4. After legal aid institutions receive an application for legal aid, they shall conduct a review; If it is found that the documents or supporting materials submitted by the applicant are incomplete, the applicant may be required to make necessary supplements or explanations, and if the applicant fails to make supplements or explanations as required, it shall be deemed to have withdrawn the application; Where it is found that the documents or supporting materials submitted by the applicant need to be verified, the legal aid institution is to verify it with the relevant organs or units.

5. Where the applicant has objections to a notice made by a legal aid institution that does not meet the requirements for legal aid, they may submit it to the judicial administrative department that determined the legal aid institution, and the judicial administrative department shall conduct a review within 5 working days of receiving the objection, and where upon review it is found that the applicant meets the requirements for legal aid, it shall order the legal aid institution to promptly provide legal aid to the applicant in writing.

2. What are the requirements for migrant workers to apply for legal aid?

1. The application falls within the scope of legal aid provided for (cases that need to be resolved through litigation or arbitration procedures should have been filed).

2. There are sufficient reasons to prove that it is necessary to obtain legal aid in order to protect their lawful rights and interests.

3. Due to financial difficulties, unable or unable to fully pay legal service fees.

4. The domicile is in the city or holds a temporary residence permit in the city.

3. To which legal aid institution should the applicant apply?

1. Criminal, civil, administrative, and other litigation cases that have already been filed are to be accepted by the legal aid center at the same level at the location of the people's court with jurisdiction.

2. Non-litigation legal matters that do not need to be resolved by the court shall be accepted by the legal aid center at the place where the applicant is located or where the work unit is located.

3. Where two or more legal aid centers have jurisdiction over the same case, the aid center that first accepts the application has jurisdiction.

To sum up, migrant workers can call ** to inquire when applying for legal aid, or must be within the scope of legal aid for the matters they are applying for, and the fact that the applicant has financial difficulties, only in this way can the legal aid institution provide free lawyer services and submit basic identity materials.

Legal Analysis: Private lending disputes usually do not fall within the scope of legal aid, but if they live in extreme poverty, are widowed, widowed, lonely, lonely, old, weak, sick, disabled, and the amount of the loan is not very large, some provinces can apply for legal aid, such as Yunnan Province, which can also provide public welfare assistance for poor women, the elderly, ethnic minorities, migrant workers, etc. For specific situations, you can go to the legal aid department of the local judicial bureau for consultation, or directly call the national legal aid** for consultation

The law is based on the evidence

Legal Aid Ordinance

Article 10: Where citizens do not have a person to retain due to financial hardship for the following matters that need to be **, they may apply to a legal aid institution for legal aid:

1) Requesting state compensation in accordance with law;

2) Requests for social insurance benefits or minimum livelihood security benefits;

3) Requests for the payment of bereavement pensions or relief funds;

4) Requests for alimony, child support, or alimony;

5) Requests for payment of labor remuneration;

6) Asserting civil rights and interests arising from acts of righteousness and courage. The people** of provinces, autonomous regions, and directly governed municipalities may make supplementary provisions on legal aid matters other than those provided for in the preceding paragraph. Citizens may apply to legal aid institutions for legal consultation on matters provided for in paragraphs 1 and 2 of this article.

Article 11: In any of the following circumstances in criminal proceedings, citizens may apply to legal aid institutions for legal aid:

1) The criminal suspect did not retain a lawyer due to financial hardship after being interrogated by the investigating organ for the first time or from the date on which compulsory measures were taken;

2) Victims in public prosecution cases, as well as their legally-designated ** persons or close relatives, have not retained a litigant due to financial hardship since the date on which the case was transferred for review for prosecution;

3) The private prosecutor in a private prosecution case and his legally-designated ** person have not retained a litigant due to financial hardship since the date the case was accepted by the people's court.

Legal analysis: Migrant workers can go to the Bureau of Justice for help if they are injured. The Bureau of Justice has a legal aid center that provides the relevant materials, and after reviewing the legal aid conditions, the legal aid center will assign a lawyer to help without charge.

Legal Basis: "Regulations of the People's Republic of China on Legal Aid" Article 10: Citizens may apply to legal aid institutions for legal aid if they do not have a person to entrust due to difficulties in helping to help them in the following matters:

1) Requesting state compensation in accordance with law;

2) Requests for social insurance benefits or minimum livelihood security benefits;

3) Requests for the payment of bereavement pensions or relief funds;

4) Requests for alimony, pre-maintenance expenses, or alimony;

5) Requests for payment of labor remuneration;

6) Asserting civil rights and interests arising from acts of righteousness and courage.

1. According to the provisions of the "Legal Aid Regulations", citizens who do not have a person to entrust due to financial difficulties may apply for legal aid at the Legal Aid Center of the Bureau of Justice.

Cases in which migrant workers seek compensation for their labor are legal aid cases.

Documents required to apply for legal aid: application form for assistance, ID card or other valid certificates, proof of financial hardship, and materials related to the case.

2: Migrant workers who need legal aid to recover wages may apply for legal aid from the legal aid center of the judicial bureau at their place of work, but they need to provide proof of their hardship in recovering their wages. The certificate of financial hardship generally needs to be issued by the ** or civil affairs department of the place where the household registration is located.