The issue of compensation for injuries on campus, how to compensate for injuries in school

The legal provisions relating to work-related injuries can only be applied in cases where an employee is injured in the course of work, and the situation you mentioned obviously cannot be applied.

Article 7 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, which came into force on May 1, 2004, stipulates that: "Where a school, kindergarten or other educational institution that has a duty to educate, manage, or protect minors in accordance with the law fails to perform its relevant obligations within the scope of its duties, causing personal injury to minors, or where minors cause personal injury to others, it shall be liable for compensation corresponding to its fault." Where a third party's infringement causes minors to suffer personal injury, they shall bear responsibility for compensation.

Where schools, kindergartens, and other educational institutions are at fault, they shall bear the corresponding supplementary liability for compensation. It can be seen that the school must prove that it is not at fault and has fulfilled its management responsibilities in order to be exempt from responsibility, and cannot just shirk responsibility.

According to the relevant regulations, the following conditions must be met for a grade 10 disability:

1.Partial limitation of the ability to perform daily activities;

2.a decline in the ability to work and study;

3.Partially limited social communication skills.

This needs to be appraised by a qualified appraisal agency, not just constituted.

Your friend should actively seek evidence in his favor, otherwise the lawsuit will be unfavorable to him; The standards for employee disability appraisal are generally broader, and there is no clear provision on whether the law can be applied, and those who are not satisfied with the disability appraisal may apply for a new appraisal in accordance with the law.

If what you said is true, your friend should compensate, but it shouldn't be so much, if he asks for tens of thousands, your friend will pay 5,000 yuan, which is very in line with the law, and the rest should find the school and insurance company A friend of mine parked his car on the side of the road, and a person hit it on a bicycle and broke a bone, and my friend is still waiting for compensation

1. Apply for re-appraisal.

2. Look for favorable evidence.

3. The school shall bear the supplementary liability for compensation.

1. If the school is injured at school, the insurance company where the school and the student are insured shall be jointly and severally liable for compensation.

2. You can ask the other party to make civil compensation, claim compensation for medical expenses, lost work expenses, preparation for spring nutrition, nursing expenses, property losses, etc., and if it constitutes disability, you can also request the other party to compensate for disability compensation. The amount of the fee can be referred to the following criteria.

1) Medical expenses.

The amount of medical expenses is determined according to the hospital's diagnosis certificate and formal medical invoices. Including the **fee, examination fee, surgery fee, medical fee, hospitalization fee, plastic surgery fee and follow-up ** and other expenses you pay for **;

2) Nutrition fee.

The amount of nutrition expenses is determined on the basis of a doctor's certificate of diagnosis of nutritional needs and proof of related expenses. It refers to the cost of purchasing nutritional products other than daily diet for the purpose of assisting the body with the disease of the body or making the body as soon as possible.

3) Lost work expenses and nursing expenses.

Lost time pay and nursing care expenses are determined based on the lost time and income of the victim or caregiver. If there is a fixed income, the compensation for lost work shall be calculated according to the actual reduced income. if they have no fixed income, it shall be calculated according to their average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

If you claim lost time pay, you can show proof of income.

4) Transportation and accommodation expenses.

The transportation expenses are calculated based on the actual transportation expenses incurred by you and the necessary escorts for medical treatment, escort or hospital transfer**;

The accommodation fee shall be paid according to the actual accommodation fee incurred by you and your accompanying person;

The hospital meal subsidy should be calculated on the basis of actual expenditures and expenses or the actual local standard of living;

5) Disability compensation.

Disability compensation is calculated on the basis of the level of disability determined by the forensic medical examination, the living expenses or income standard of the victim's place of residence or actual residence. According to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year announced by the local government, it is calculated as 20 years from the date of determination of disability. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; those over the age of 75 are counted as five years;

6) Disability Assistive Devices.

The fee for disability assistive devices is calculated according to the reasonable cost standard of commonly applicable devices.

7) Property damage.

Property damage is limited to the actual property damage you suffer, including the cost of repairing the item, depreciation fee, etc., to the actual value of the damaged item. Invoices, contracts, receipts, and so forth for the purchased items shall be provided to prove the value of the damaged items, and if the value cannot be determined, an appraisal may be applied for, and the appraisal shall be determined on the basis of the appraisal conclusions.

3. The statute of limitations for personal injury compensation is 1 year, calculated from the date on which the infringement was known or should have been known. If the statute of limitations is exceeded, the right to win the lawsuit will be lost, so it is recommended to sue within one year to protect their legitimate rights and interests.

Prosecution requires a visit to the court where the defendant is located, usually the court of the place of domicile or habitual residence (residence for more than one year).

The principles of attribution in campus personal injury compensation cases are the principle of fault liability, the principle of no-fault liability and the principle of equitable liability. The so-called principle of equitable responsibility refers to the use of fairness as the criterion for value judgment when neither the perpetrator nor the victim is at fault, and the fact of harm has already occurred.

1. What are the principles of attribution of liability for injury accidents?

The principles of attribution of liability for injury accidents are:

1. The principle of fault liability. The principle of fault liability refers to the fact that fault is the ultimate constituent element of liability, and at the same time, fault is used as an important basis for determining the scope of responsibility of the actor.

2. The principle of presumption of fault. The presumption of fault, also known as the presumption of negligence, means that if the plaintiff can prove that the damage suffered by the defendant was caused by the defendant, and the defendant cannot prove that he is not at fault, the defendant should be presumed to be at fault and should bear civil liability;

3. The principle of fair responsibility. Equitable liability refers to the fact that the people's court determines that the parties shall give appropriate compensation to the victim's property losses in accordance with the principle of fairness when both parties are not at fault when the damage was caused;

4. The principle of no-fault liability. No-fault liability, also known as no-fault liability, refers to a form of statutory liability in which a party is liable without fault when damage occurs, and its purpose is to compensate the victim for the losses suffered.

II. What judicial principles apply to cases of damage caused by falling objects in the Civil Code?

The principle of attribution of liability in cases of injury caused by falling objects from heights shall be the principle of no fault. The principle of no-fault liability refers to the fact that, based on special provisions of the law, the perpetrator shall bear civil liability even if he is not at fault for the damage caused by his acts. Adopting the principle of no fault in the case of falling objects from heights is conducive to protecting the rights and interests of victims and promoting the smooth development of cases.

Although innocent owners will be involved in the lawsuit, the actions of other owners can better and faster promote the progress of the case, which is conducive to the timely detection of the perpetrator. The other owners do not directly compensate the victims, but only bear the liability for compensation when they cannot prove that they are not the infringers.

3. What is the principle of compensation for divorce damages?

The principle of attribution of damages in divorce is the principle of fault liability. The principles of tort attribution under Chinese law include the principles of fault liability, presumption of fault, no-fault liability, and equitable liability. However, divorce damages arise based on the intentional bigamy and domestic violence of one of the spouses, so it can be judged that divorce damages are generally fault-based liability.

Article 1199 of the Civil Code provides that if a person without capacity for civil conduct suffers personal injury during his study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

According to the relevant laws of China, if an injury accident occurs on campus, if it is caused by a third party, the third party shall be liable, and if the school fails to fulfill its safety and security obligations, the school shall bear the responsibility, and the scope of compensation includes medical expenses, nursing expenses, etc.

1. School bullying.

1. Physical bullying. It refers to directly attacking a student's body, such as causing injury to another student's body by pushing, scratching, biting, punching, kicking, pinching, etc.

2. Verbal bullying. refers to the use of malicious language; verbal threats, intimidation; Spreading rumors and misinformation, and so on. This is also a relatively common way of bullying, and verbal bullying often causes serious psychological damage to the bullied classmates.

3. Social bullying. It refers to bullying by not directly attacking the victim face-to-face, but by uniting with other classmates to systematically ostracize or isolate the victim. This type of bullying is more complex and often achieves the goal of bullying through group action.

This type of bullying makes the student who is being bullied feel friendless, isolated, etc.

4. Financial bullying. It refers to destroying or demanding a student's property, such as causing other students to hand over or buy school supplies, mobile phones, computers, cigarettes, etc., or causing damage to other students' property by forcibly demanding money.

5. Cyberbullying. With the development of modern technology, bullies have gradually begun to use modern information technology to carry out bullying through social software, email, online forums, etc. It is more common to belittle certain classmates by sending messages, **, **, ** to shame these classmates, and then spread widely through social networks.

This type of bullying is characterized by its wide and rapid spread. When a student sends out a relevant ** or ** online, this ** and ** can be quickly passed on to other more students, causing more harm to the victim of bullying.

2. What are the campus injury accidents?

1. Injuries caused by sports games or other difficulties caused by students;

2. Personal injury accidents caused by the school's failure to fulfill relevant obligations;

3. Accidents of personal injury to students due to dereliction of duty by teachers or other school employees, lack of strong sense of responsibility, or corporal punishment of students;

4. Personal injury to students caused by accidents.

If a student is injured by a classmate at school, if the school fulfills its educational and management duties, the guardian of the classmate shall compensate for it; If the school fails to fulfill its educational and management duties, the guardian of the student shall bear the liability for compensation, and the school shall bear the liability for compensation.

Article 1199 of the Civil Code.

Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Article 1,200.

Where a person with limited capacity for civil conduct suffers personal injury during the period of study or life at a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall bear tort liability.

Article 1201.

Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than a kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear the corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.