Can You Enjoy Injury Treatment When You Are Hurt By The Leader During Your Work?

Case: I am a company employee.

Four months ago, I had a dispute with the workshop director in the workshop on the production specifications of the products marked in the drawings.

When the director of the workshop saw me in front of the crowd, he felt no respectability. He was so tall and strong that he kicked and kicked me, causing two ribs to be interrupted.

After that, the workshop director absconded with fear of punishment.

However, because the company did not pay for work-related injury insurance, I could not enjoy the corresponding.

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I asked the company to shoulder the corresponding liability for compensation. The company thought that I was injured by fighting and brawning, neither working injury nor work-related injury treatment.

The company also said that I could only ask the director of the workshop to claim compensation. The company had no obligation to "accept it". Is that so?

Excuse me, is the company's statement correct?

The company's statement is wrong, that is, the company should give you work-related injury treatment.

On the one hand, your situation is work-related injury.

Article fourteenth of the regulations on industrial injury insurance stipulates that "in working hours and in workplaces, accidental injuries such as violence caused by performing their duties" should be identified as work-related injuries.

Whether you are injured by violence or not in the company's workshop during the working hours and whether it is a work-related injury ultimately depends on whether your behavior is "performing your duties".

For "performance"

"The letter from the general office of the former Ministry of labor and social security" on the interpretation of the relevant provisions of the regulations on industrial injury insurance ([2006]497) of the Labor Department Office pointed out: "violence in performing duties due to violence in performing duties" is a causal relationship between violence and injury.

Corresponding to this, you can see that you were hurt by the director of the workshop because of the product specification that was marked in the drawings. Finally, you were hurt by the director of the workshop. This situation is obviously "causally related to the performance of the duties."

Therefore, you meet the constitutive requirements of the provisions and have the conditions to identify work-related injuries.

On the other hand, the company is to blame.

Article second of the regulations on industrial injury insurance stipulates that enterprises, institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms and other individual industrial and commercial households in China shall participate in work-related injury insurance according to the provisions of this regulation, and pay work-related injury insurance premiums for all employees or employees of their units.

Employees of enterprises, public institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms, and other employees of individual businesses in China are entitled to work-related injuries according to the provisions of these regulations.

The right.

It can be seen from this regulation that it is the company's statutory obligation to handle work-related injury insurance for employees, and the company's failure to handle social insurance for you is a violation of this statutory obligation.

The sixty-second article of this regulation states: "workers who are injured by the industrial injury insurance under the provisions of this Ordinance and those who do not participate in the industrial injury insurance shall be paid by the employer in accordance with the items and standards of work-related injury insurance benefits stipulated in these regulations."

As a result, the company must pay for its own illegal consequences and the result of the injury of the workshop director.

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