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Clause. 1. This responsibility must be borne by the beater. That is, the infringer. The losses suffered by the beaten person should be borne by the beater.
Clause. 2. Whether the company is liable or not depends on the circumstances. If, throughout the incident, the company was not negligent and not at fault, then the company certainly would not be held responsible.
If the company's management personnel are present during the fight and fail to stop it in time, the company shall bear the corresponding supplementary liability.
Clause. 3. In view of the above, the cost of hospitalization must of course be borne by the beater, and if there is a problem in the company's management, it must bear the corresponding supplementary responsibility. Of course, the medical expenses paid by the company can continue to be recovered from the beater.
In addition, this incident was caused by a joke, so it should not be considered to be within the scope of work-related injuries.
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It is not a work-related injury; Responsibility is based on the fault of each other.
At the very least, the employer is not liable.
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Employees enjoy personal safety protection when they work in the company, and the company has to bear regulatory responsibility for fights that occur in the company, so if the beater has no money to compensate, he can sue the company and the company will pay the medical expenses and compensation in advance. However, the specific criteria should be based on the proportion of responsibility determined by the court, i.e., who bears the main responsibility.
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The company should bear the responsibility for management negligence, because employees must ensure their safety when working in the factory. The person who fights is separately responsible for causing the injury. I've seen it handled like this, but I don't know if it's right.
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Summary. Hello, I am glad to answer for you, during working hours in the factory, the employee forcibly takes the employee's tools, resulting in the other party's injury, which is a work-related injury and the employer should compensate.
During working hours in the factory, the employee forcibly took the employee's tools, resulting in the other party's injury.
Hello, I am happy to answer for you, during working hours in the factory, the employee forcibly took the dismantling tools of the simple employees, resulting in the injury of the other party, which is a work-related injury and the employer should compensate.
First, during working hours, the employee of Fengnian Company accidentally caused others to be injured due to the loss of the bank, and in such a situation, according to the provisions of the law and justice, the employer should be responsible for it.
Second, if an employee makes a mistake in the process of work and causes injury to others, the boss is responsible, which is a manifestation of the employer's responsibility.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries" Article 17: Where a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies for local training, 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 his living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive devices, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the maintenance and continuation.
You can tell me the details and I will help you analyze it.
didn't say hello to me, and forcibly took it, causing me to break my foot, and this other party wants to compensate you.
Does the other party compensate you?
I took a break for ten days, and the factory asked me to see a doctor first, who should I go to in the end?
You should first find compensation from the person who caused your injury.
Moreover, it belongs to the work-related injury unit and will pay you wages.
Do you have to pay your salary normally?
What if the other party doesn't pay?
You can sue the other party.
In this way, the factory will not deal with it.
Generally, no, this is a dispute between you and the other party.
Oh, working in the factory, during work.
It is a work-related injury.
In this case, the factory will have to bear a certain amount of liability.
The factory also has to compensate.
And it was he who snatched my tools and caused me to be injured.
Yes, you can directly sue the other party for compensation, and the court will help you enforce it.
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According to the relevant provisions of Chapter 5 of the Regulations on Work-related Injury Insurance, an employer shall not terminate the employment contract of an injured employee under normal circumstances, except in the circumstances stipulated in Article 39 of the Labor Contract Law.
For employees with grade 7-10 disabilities, the employer can only terminate the employment relationship after the expiration of the employment contract or upon the request of the employee.
Article 39] The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6. Burning silver reed) was investigated for criminal responsibility in accordance with law.
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Work-related injury handling procedures]:
1. To apply to the Human Resources and Social Security Bureau for the identification of work-related injury, the unit shall declare within one month of the accident, and if the unit does not apply, the injured employee or close relatives shall submit an application for recognition within one year. Materials to be submitted: application form for work-related injury determination, proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts;
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical subsidy, wages for the period of suspension of work, food allowance, nursing expenses, etc.
If you do not participate in the insurance, you will be compensated by the unit.
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Compensation methods for employees injured while on the job: 1If it is not a work-related injury, the injured employee may require the tortfeasor to bear the liability for compensation for damage and hand injury, including medical expenses, hospital meal subsidies, nursing expenses, nutrition expenses, transportation expenses, lost work expenses, disability compensation, disability assistive device expenses, mental damages, etc.; If death is caused, funeral expenses and death compensation shall also be compensated.
2.If it is determined that it is a work-related injury, it can compensate for medical expenses, wages for the period of suspension of work, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance, etc.; If the labor relationship is terminated, a one-time employment subsidy and a one-time medical subsidy shall be compensated; If the employee dies, the funeral allowance, the pension for dependent relatives, and the one-time work-related death allowance shall also be compensated.
Article 38 of the Social Insurance Law The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance in accordance with the provisions of the state: (1) Medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.
No, first of all, the company is a public environment, and nothing can be solved by fighting, and secondly, any company will stipulate that it cannot be its internal contradictions, fighting is not a matter of two people, it will also have an impact between employees, and produce disharmony factors, so the company's dismissal is also reasonable, and your negative impact on the company is the most serious, you should think about your own problems, reflect on how to correct yourself, and face the future environment is.
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