How to divide the responsibility for injuring a colleague at work Who will compensate for the medica

Please add a question.

The course of events is not clear, so it is not possible to determine the responsibility of both parties.

Do you use equipment? What is the level of damage? What is the cause of the dispute? Who's going to do it first? Does the management intervene?

These can be used as a basis for determining liability. Ask this friend to add some details.

The victim may demand that the perpetrator bear the corresponding obligation to pay compensation.

Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers 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, hospital meal subsidies, 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.

Both the company and he are responsible! But it's not on him. Sue him.

If an employee is injured at work and goes to medical treatment, who should pay for these expenses?

Hello dear! If an employee is injured at work and goes to medical treatment, these expenses incurred are covered by the workers' compensation insurance**. If the employer participates in the work-related injury insurance, when the employee suffers a work-related injury, the labor and social security administrative department determines the work-related injury or makes a labor ability appraisal, and the following items can be paid from the work-related injury insurance**:

1) Medical expenses for work-related injuries; (2) Assistive device allocation fee; Items to be paid by the employer In addition to the payment from the work-related injury insurance**, the employer also needs to pay the injured employee a certain amount of compensation: Hospitalization meal allowance for work-related injury, transportation expenses and accommodation expenses for medical treatment in other places: hospitalization meals for hospitalized work-related injured employees during hospitalization**, etc.

Legal analysis: It is necessary to see whether the employer has paid work-related injury insurance to the employee, if it has been paid, it will be borne by the social security**, and if not, the employer will bear the medical expenses.

Legal basis: Regulations on Work-related Injury Insurance Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department of Guowangwan Xiaowu Institute in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee and the work-related injury, as well as the certificate issued by the medical institution and the consent of the handling agency, the transportation, accommodation and accommodation expenses required by the injured employee to seek medical treatment outside the overall area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the overall planning area, and the work-related injury employee shall not enjoy the medical treatment of the work-related injury and shall be handled in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

If a colleague is injured at work or injured at work, the employer shall claim compensation for work-related injuries from the company and compensation for personal injury from the tortfeasor.

Paragraph 1 of Article 14 of the Regulations on Work-related Injury Insurance provides:

In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) Injured in an accident during working hours and in the workplace due to work-related reasons.

Where civil rights and interests are infringed, tort liability shall be borne in accordance with this Law.

"Civil rights and interests" as used in this Law includes personal and property rights and interests such as the right to life, health, name, reputation, honor, portraiture, privacy, marital autonomy, guardianship, ownership, usufructuary rights, security interests, copyrights, patent rights, exclusive rights to use trademarks, rights of discovery, equity, and inheritance.

1. If it causes damage to others, it shall compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, and if the victim is disabled due to injury, the necessary expenses incurred due to increased living needs and the loss of income caused by the loss of working ability, including disability compensation, compensation for mental damages, disability assistive devices, and necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. The person obligated to pay compensation shall also make compensation. 2. If you suffer losses yourself, you can ask the other party to compensate. 3. If it causes damage to the unit, the unit can be required to bear the liability for compensation.

4. The specific amount should be determined according to the actual situation. 5. It is recommended to entrust a lawyer** and calculate the relevant compensation.

Legal analysis: The expenses for the work-related injury to the medical institution that signed the service agreement for the work-related injury shall be paid from the work-related injury insurance** if the requirements are met. The solutions to the problem of who should bear the medical expenses for work-related injuries are:

1. The employer has paid work-related injury insurance for the employee in accordance with the law, and after the work-related injury accident occurs, the employee shall enjoy the medical treatment of work-related injury in accordance with the relevant laws and regulations, and the work-related injury insurance** shall pay the medical expenses incurred by the employee during hospitalization.

2. If the employer fails to pay work-related injury insurance for the employee in accordance with the law, the employee shall enjoy the medical treatment of work-related injury in accordance with the relevant laws and regulations after the work-related accident, but the employer shall fully bear the medical expenses incurred during the employee's hospitalization.

3. If the employer refuses to pay the employee's medical expenses in accordance with the law, the employee shall pay the medical expenses in advance, keep the medical invoices, and apply for labor arbitration after the disability level is assessed, which shall be paid by the employer.

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 work-related injury insurance** in accordance with national regulations:

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.