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Of course, he is responsible, as the person in charge of the enterprise, he can't even solve this kind of thing immediately, and he should be held responsible. I think the unit should be held accountable in general, and if it can't be negotiated, it will be sued.
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It cannot be counted as a work-related injury. However, the company shall ensure the personal safety of employees when they go to work, and the company shall bear certain liability for compensation if it fails to fulfill its responsibilities.
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Negotiate with the unit first. I can't negotiate and go to court to sue.
Then go to the court to sue the family of the beater. Or wait for him to be taken into custody and prosecuted. As long as you have the evidence. You should be able to win.
Surgery costs, medical expenses, prosecution fees, lost work expenses, mental damage expenses, and other expenses related to this matter, for example, if you go to the court to file a lawsuit, you can report it to him for compensation, and as for how much compensation, that's what you say. As long as you have the evidence. You should be able to win.
The prosecution fee should be 100 yuan. The proof you need is that he did hit you, and you didn't fight back, and he confessed, and he had to admit it, because he confessed it at the police station. Go to the police station and get a certificate that he beat you.
Even if you win the lawsuit, you can't say that you're cured in court, your head is still a little dizzy, and you have to go to the hospital. Then hacked him.
What a society. Now it's Grandpa who is being beaten.
If you were me, I would still be able to make some money.
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Legal analysis: Whether the company is responsible for being beaten by Jian Lu at work depends on the situation. During working hours and in the workplace, if you are injured by violence or other accidents due to the performance of your work duties, it may be recognized as a work-related injury and you can apply for work-related injury insurance; If you are beaten in the company due to personal grievances, it does not fall within the scope of work-related injuries, and the company does not have to bear any responsibility.
Legal basis: 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) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after the work time is exhausted;
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.
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Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" 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 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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What responsibility should be borne by the unit when the employee fights during the work of the employee should be analyzed according to the specific situation: 1. If the employee is beaten due to a personal dispute, both parties should bear the legal responsibility, and the unit has no legal responsibility in principle. 2. If the employee is beaten during working hours and in the workplace for performing work duties, it is a work-related injury according to the provisions of Article 14, Paragraph 3 of the Regulations on Work-related Injury Insurance, and the employer shall bear the corresponding liability for work-related injuries.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance If an employee has any of the following circumstances, it shall be recognized as a work-related injury: (1) he or she is injured in an accident due to work 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 shall be recognized as work-related injuries as provided by laws and administrative regulations.
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Legal basis]:
The People's Republic of China jointly drafted the Law on Punishments for the Administration of Public Security" Article 9: Where there are more minor violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, the public security organs may mediate and handle it. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. If no agreement is reached after mediation or no performance is reached after the agreement is reached, the public security organs shall punish the perpetrator of the violation of the management of public security key sources 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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Employees fight during work, what responsibility the unit should bear should be analyzed according to the specific situation:
1. If the employee is beaten due to a personal dispute, both parties should bear their own legal responsibility, and the unit has no legal responsibility in principle.
2. If the employee is beaten during working hours and in the workplace for performing work duties, the potato stove is a work-related injury according to the provisions of Article 14, Paragraph 3 of the Regulations on Work-related Injury Insurance, and the unit shall bear the corresponding work-related injury liability.
Legal basis]:
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 or in the workplace due to work-related reasons;
2) Being injured in an accident in the workplace before or after working hours, engaged in work-related preparatory or finishing work without hand training;
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.
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