1. What are the reasons for employees' injuries?
Civil liability in employment relationship belongs to the concurrence of tort liability and breach of contract liability. In the case of employment relationship, the cause of any injury case can belong to: disputes over life rights, health rights and body rights. Article 45 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of Civil Procedure Law stipulates that if employees employed by individual industrial and commercial households, rural contracted households and partnership organizations cause damage to others in the production and business activities agreed in the employment contract, their employing units shall be the parties. Article 131 of the General Principles of the Civil Law stipulates that if the victim is also at fault for the damage, the civil liability of the infringer may be reduced. Let the third person or employee bear the corresponding civil liability; If the employer has evidence that the damage was intentionally caused by a third person or employee, the employer may be exempted from liability.
Second, is the employer fully responsible for employees' injuries at work?
(1) According to the relevant laws and regulations, the employer is not fully responsible for the employees' work-related injuries, but bears corresponding responsibilities according to their own faults.
(II) Relevant laws and regulations: Article 11 of the Tort Liability Law of People's Republic of China (PRC) stipulates that if a worker suffers personal injury in the course of labor, the employer shall be liable for compensation. If a third person other than the employment relationship causes personal injury to the laborer, the right holder of compensation may request the third person to bear the liability for compensation or the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it may claim compensation from a third party.
If employees suffer personal injury due to production safety accidents in their business activities, and the employing unit or subcontracting unit knows or should know that the employing unit that accepts the contract or subcontracting business does not have the corresponding qualifications or conditions for production safety, it shall be jointly and severally liable for compensation with the employing unit.
(3) Article 35 Where labor relations are formed between individuals, and the party providing labor services causes damage to others due to labor services, the party receiving labor services shall bear tort liability. If the party providing labor services suffers personal injury, it shall bear corresponding responsibilities according to the respective faults of both parties.
Third, how to compensate for the injury in labor relations?
The Supreme People's Court's "Provisions on the Cause of Action of Civil Cases" stipulates two different types of causes of action, namely "industrial accident damage compensation dispute" and "employee compensation dispute". The key to distinguish the two types of cases lies in whether the parties are labor relations or labor relations.
In reality, in addition to the personal attachment between workers and employers, there are often labor relations and employment relations between employers. Employers are not limited to employers, but may also include individuals. Employees are not limited to workers in the sense of labor law, but also include people over the statutory retirement age. The employment relationship is more flexible than the labor relationship, and the rights and obligations of both parties are not adjusted by labor laws and regulations, but by the contract law based on the agreement of the employment contract between both parties. Labor relations refer to the economic relations formed by two or more equal subjects in the process of equal exchange of labor matters.
It is generally believed that there is no work-related injury in labor relations, and employees who are injured at work can be liable for compensation according to the compensation standard for personal injury caused by ordinary infringement. Procedurally, the cause of such cases is a dispute over workers' compensation for work-related injuries, and workers can bring a lawsuit directly to the people's court without going through the labor arbitration procedure.
In practice, disputes arising from personal injuries such as domestic nannies, hourly workers and tutors belong to employee compensation disputes. Individuals who engage in production and business operations without the approval and registration of the industrial and commercial departments according to law do not have the legal status of individual industrial and commercial households. The employed employee forms an employment contract relationship with him, that is, in the labor relationship, if the employee is injured during the employment period, the employer shall bear civil liability. For example, if a rural individual builds a house, the person who gets the project (naturally not qualified) will also find someone else to work with. Disputes after casualty accidents belong to employee compensation disputes.
The principle of no-fault liability applies to employee compensation disputes, and the establishment of liability does not require subjective fault of the employer. Paragraph 2 of Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Trial of Personal Injury Compensation Cases stipulates that if a worker suffers personal injury due to a safety accident in production activities, the employing unit and the subcontracting unit know or should know that the employing unit accepting the contracted or subcontracted business does not have the corresponding qualifications or conditions for safe production, they shall be jointly and severally liable for compensation with the employing unit. Therefore, the employer and the subcontractor have the obligation to ensure the safety of employees, and the employer and the subcontractor shall bear the fault liability. Although the laborer's liability for damages is no-fault liability, the employer should not take full responsibility for the laborer's damage under any circumstances during the completion of labor relations. If the employee has gross negligence, the liability of the compensation obligor may be reduced.
The above is the relevant answer about what is the cause of employee injury. To sum up, in reality, in addition to the labor relations with employers, labor relations often appear. If you have other legal questions to consult, you can contact professional lawyers on our platform to provide you with quality legal services.