How do I claim compensation from the school for the accidental death of a student on campus?

If a student dies unexpectedly on campus, it turns out that something happened on campus, then the responsibility of the school is very heavy, so you can directly call the police and let the school have a view.

The death of a student at school is not necessarily the responsibility of the school, and it is necessary to find out the cause of the death in order to know who claimed it.

The cause of the accidental death of a student on campus should also be analyzed, and if it is the responsibility of the school, the school will compensate according to the relevant regulations.

If the school is at fault for the death of a student, you can sue the school for compensation. If the student died unexpectedly and the school was not at fault, you cannot claim compensation from the school.

If a student dies unexpectedly on campus, how to claim compensation from the school, needless to say, if this kind of accident does not occur at school, it can generally reach about 600,000.

According to articles 7 and 17 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury", schools, kindergartens, or other educational institutions that have the obligation to educate, manage, or protect minors in accordance with the law shall bear the liability for compensation corresponding to their fault if they fail to perform their relevant obligations within the scope of their duties, causing minors to suffer personal injuries, or minors causing personal injuries to others. Where a minor's infringement causes a minor to suffer personal injury, he shall be liable for compensation. If schools, kindergartens and other educational institutions are at fault, they shall bear the corresponding supplementary liability for compensation.

If the 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. In the event of the death of the victim, the compensation obligor shall compensate the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article according to the circumstances of the rescue, and shall also compensate for the funeral expenses, living expenses of the dependents, death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. If the two parties fail to reach an agreement through negotiation, they may file a civil lawsuit with the people's court.

If the parties do not wish to file a civil lawsuit, they can consult with a lawyer. If you can't afford a lawyer, you can apply for legal aid.

Depending on the extent of the accident's liability, the school will provide financial compensation. The scope of compensation for personal injury of students is generally in the following four aspects.

1) Routine compensation: medical expenses, nutrition expenses, lost work allowances, nursing expenses, transportation expenses, etc.;

2) Disability compensation: compensation for disability appliances and disability living allowance;

3) Death compensation: funeral expenses, death subsidies;

It depends on what kind of accidental death of students on campus is caused. If it is caused by another student, of course, the school should help the student claim compensation from the other student's parents, and if the school does not assert this, then the school and the parent can be sued in court.

How to claim compensation from the school for accidental death on campus? If a student dies unexpectedly on campus, the school needs to make a claim, but China's transportation department has already trafficked, and China's education department has clear regulations that students must participate in insurance on campus, so they must not only claim compensation from the school, but also claim from the insurance company.

If a student dies unexpectedly on the school campus, how to die to the school, you can go directly to the local campus, and his student office will apply to him for the various conditions for the accidental death of the student, or directly to the insurance company to apply to the court.

If a student dies unexpectedly on campus, it is most reasonable to sue the school through the court and claim compensation according to the normal procedures.

It depends on how to determine the cause of death, if it is your disease, the school of accidental death should not pay, if it is the cause of the school, your accidental death will be compensated according to the national death standard.

Students generally pay insurance, and if there is no insurance, then according to the cause of death, the specific situation is analyzed. If it is because of illness, then it can be appropriately less, and if it is death due to fighting, then it should be compensated a little more.

If you do not have a special understanding of this aspect, it is best to consult a professional lawyer.

In my opinion, in this case, you should first consult with a lawyer so that the lawyer can follow up on such a case and talk to the school about the claim.

In this case, the school will pay according to his situation, because after all, the school also has reasons for poor supervision.

In this case, you should consult with a lawyer, and the lawyer will help you.

The school will compensate for this situation, so don't worry. Alas, mourning.

It depends on whether the school is at fault, the cause of death, etc. If there is fault compensation, it will be difficult if there is no fault.

If a student dies unexpectedly on campus, you can find a lawyer to consult.

Articles 7 and 17 of the High People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provide for the education of minors in accordance with law.

You need to consult a professional lawyer directly, and then communicate with the school to reach an agreement, and if you are not satisfied, you can sue.

Legal Analysis: The issue of compensation for the accidental death of a student at school depends first on the age and intellectual condition of the student, and then on the size of the school's liability. If a student is a person with no capacity for civil conduct and 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, if it can be proved that the education and management duties have been fulfilled, the tort liability shall not be borne.

Where a person with capacity for civil conduct suffers a personal injury during the course of studying or living in 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. 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 corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.

Legal basis: Article 1199 of the Civil Code Presumptive Liability for Fault of Educational Institutions 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, if it can be proved that the education and management duties have been fulfilled, the tort liability shall not be borne.

Article 1200: Liability for Fault of Educational Institutions Where a person with limited capacity for civil conduct suffers personal injury while studying or living in 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: Allocation of Responsibility in the Event of Infringement by a Third Party in an Educational Establishment 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 while studying or living 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 corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.

1. Whether the school is at fault or not is the criterion that determines whether the school bears the liability for the compensation of student injury accidents that occur within the scope of the school's management responsibilities. The criterion is whether the school has fulfilled its educational, managerial and protective responsibilities as stipulated in the laws and regulations on education in accordance with the law. If the school has correctly performed its educational, management and protection duties in accordance with the law, the school shall not be liable for compensation for accidents.

2. Acts of self-homicide and self-injury are regarded as the perpetrator's voluntary punishment of his body, which is direct and intentional, and therefore he is responsible for them. Therefore, if a student commits suicide or commits suicide because he is dissatisfied with the teacher's normal criticism, it is not the fault of the school, so the school is not responsible. Of course, if there is sufficient evidence to prove that the student's suicide or self-injury was caused by the teacher's corporal punishment of the student, the school should bear some responsibility.

What are the following four aspects of compensation for students' personal injuries?

1) Routine compensation: medical expenses, nutrition expenses, lost work allowances, nursing expenses, transportation expenses, etc.; 2) Disability compensation: compensation for disability appliances and disability living allowance; (3) Death compensation:

funeral expenses, death allowances; (4) Solatium for moral damages: including disability compensation and death compensation. Solatium for mental injury refers to a solatium payment that compensates the injured student or the parents of the deceased student for mental pain caused by injury or death.

Summary. Should the school be held responsible for the suicide of a student at school, and whether the school should bear legal responsibility or not depends on the specific situation.

Legal basis: Article 30 of the Criminal Law of the People's Republic of China provides that if a company, enterprise, public institution, organ or group commits an act that endangers society, and the law provides that it is a crime committed by a unit, it shall bear criminal responsibility.

Article 138 of the Criminal Law of the People's Republic of China: Where a person clearly knows that a school building or educational and teaching facility is in danger, but fails to take measures or fails to report it in a timely manner, resulting in a major accident, the person directly responsible shall be sentenced to up to three years imprisonment or short-term detention; where the consequences are especially serious, the sentence is to be between three and seven years imprisonment.