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The company is liable, and after compensation, can recover from the infringer.
Legal Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
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.
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There are two situations: first, if the person responsible or responsible subject for throwing the foreign object can be clarified, the person responsible for the throwing or the responsible entity shall be responsible for compensating for the loss of the worker who was injured; Second, if the person responsible or responsible for the foreign object cannot be clarified, the factory shall be responsible for compensating for the loss of the injured worker, and the reason is that the injury accident of the injured worker occurred in the factory, and the enterprise shall be responsible for the life safety of the workers present. Through this matter, the enterprise should apply for accident insurance for employees, so as to reduce the liability and economic loss of the enterprise for accidents.
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Legal analysis: The reimbursement process of work-related injury insurance is as follows: 1. If the unit pays work-related injury insurance for the employee, it is delayed
The work-related injury insurance institution shall compensate the worker-related injury insurance institution, and the procedure is as follows: (1) The employer shall report the work-related injury to the labor bureau within 30 days after the accident, apply for labor ability appraisal after having a work-related injury certificate, and then the work-related injury insurance institution shall compensate. (2) If the unit does not declare within 30 days:
The injured employee shall apply for the work-related injury recognition to the local Laoshan Movement Bureau within one year after the accident, apply for the labor ability appraisal after obtaining the work-related injury identification, and apply to the work-related injury insurance institution for compensation according to the disability level after the appraisal results are obtained. 2. If the employer fails to pay work-related injury insurance for the employee: the unit shall compensate according to the standards stipulated in the Regulations on Work-related Injury Insurance, and the procedures for applying for work-related injury recognition and labor ability appraisal shall be the same as above.
3. Regarding the application for work-related injury recognition and claim for work-related injury compensation: if the negotiation fails, labor arbitration can be initiated.
Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 37 If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance ** according to the level of disability, and the standard is:
13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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If an outsider is injured in an accident at the factory, the specifics of the compensation may vary depending on the region, legal requirements, insurance policies within the facility, and other factors, but here is some general information for your reference:
If the injured person outside the factory is the fault or negligence of the factory, the factory may be liable for compensation. The exact amount of compensation will depend on factors such as the severity of the injury, medical expenses, unemployment compensation, etc.
If the injured person is a family member of an employee in the factory, then the factory may also be liable for some compensation. In this case, the facility's insurance policy may involve reimbursement of medical expenses and unemployment compensation for dependents.
If the injured person is a contract or temporary worker in the factory, the factory will be liable for compensation according to the relevant legal provisions. However, the exact amount of compensation may vary, which will depend on the terms in the contract or employment agreement and factors such as the extent of the injured person's injuries and medical expenses.
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Hello dear<>
You hurt a colleague in the process of working in the factory, and this responsibility needs to be shared between you and the factory. As a machine operator, you need to abide by the company's rules and regulations and operate in strict accordance with the operating procedures to ensure the safe production of the factory. If you fail to properly handle the finger machine and cause injury to a colleague, you should be held partly responsible.
The company may also be held accountable for this, as it is obligated to ensure the safety and health of its employees and to provide the necessary safety training.
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Summary. Hello dear <>
If you smash or injure a colleague in the factory, the responsibility should be borne by the factory and yourself. According to Article 19 of the Labor Law of the People's Republic of China, the employer shall take necessary measures to ensure the personal safety of employees.
In other words, the factory should ensure the personal safety of employees, and should not ignore safety issues because of work needs. In the event of an accident at work, employees should also bear some responsibility. Therefore, in the case of smashing and injuring colleagues, the factory should bear a certain amount of responsibility, and it should also bear the same responsibility.
I smashed my colleague while working in the factory, and who should bear the responsibility.
Hello dear <>
If a colleague is injured in the factory, the responsibility should be borne by the factory and itself. According to Article 19 of the Labor Law of the People's Republic of China, the employer shall take necessary measures to ensure the personal safety of employees.
In other words, the factory should ensure the personal safety of employees, and should not ignore safety issues because of work needs. In the event of an accident at work, employees should also bear some responsibility. Therefore, in the case of smashing and injuring colleagues, the factory should bear some responsibility, and the self-attack should also bear the same responsibility.
Hello dear <>
At work, especially when it comes to safety issues, employers and employees have the responsibility and obligation to ensure the safety of the workplace, and at the same time have a certain sense of safety and try to avoid safety accidents. If a safety accident occurs in the work of the beam chain, the unit leader should be notified in time, and the alarm and accident should be reported in time to minimize losses and injuries.
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Legal analysis: the factory is not fully liable. This is because the person who brings people into the factory has the responsibility of safety guardianship; At the same time, the injured person is also responsible for himself, and should not touch the production tools at will.
It is this cascade of randomness that leads to this injury. Therefore, all the above-mentioned parties should bear the corresponding responsibility for this injury accident.
If the injury is serious and the factory is unwilling to take responsibility, it can sue for certain compensation.
Legal basis: Social Insurance Law of the People's Republic of China
Article 38 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) Hospitalization meal subsidy;
3) Transportation and accommodation 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 allowance and a monthly disability allowance for employees with disabilities 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 event 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.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:
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.
Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.
The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay the debt, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.
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