How can an employee get compensation if he or she is injured at work but misses the time for work-related injury determination?What happened
A is a rider of a horse racing company, and his daily work is to train the horses according to the coach's instructions, supply feed in time, and clean the horse ring.
One day, the coach arranged for Ah Mou, who was not wearing any riding gear, to race with another rider.
After running a lap around the track, Ah fell on the way to the second lap. Ah was forced to fall, resulting in paralysis, constituting a first-degree disability.
The injury is so serious, how can Ah Mou recover compensation?
In the event of a similar work-related accident, how can the injured employee protect his or her rights?
Rights protection process
1) General work-related accident handling methods
Liability for work-related accidents originates from the employer's liability, and work-related accidents have the nature of both work-related injury insurance and tort.
When an injured employee is unable to obtain work-related injury insurance benefits, civil compensation for personal injury provides an alternative relief for the employee. An injured employee may directly file a civil lawsuit with the people's court on the grounds of civil damages to demand compensation from the employer.
At the same time, work-related injury insurance benefits should be procedural provisions.
That is, when a work-related accident occurs, the injured employee should first be dealt with in accordance with the procedures stipulated in the Regulations on Work-related Injury Insurance, and if compensation cannot be obtained, it will be dealt with as a civil tort.
Therefore, A Mou will first be treated according to work-related injury insurance.
2) Is the work-related injury insurance compensated?
In this case, both parties were negligent in exercising the work-related injury determination within the statutory time. Please see the figure below for the specific statutory time, and it has been three years since Mr. A was injured and prosecuted, and he can no longer be handled according to the work-related injury procedure.
Therefore, A could not obtain compensation in accordance with the "Regulations on Work-related Injury Insurance" and needed to file a civil lawsuit.
Through the lawsuit, did Ah get compensation?Compensation or no compensation
This case is a civil dispute arising from legal facts before the implementation of the Civil Code, and the laws and judicial interpretations at that time are applicable.
1) Liability of the Horse Racing Company
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (Fa Shi (2003) No. 20) stipulates that if 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.
A (16 years old) is employed by a horse racing company. At the request of the coach hired by the company, A used the company's horses and the field to race horses and was injured in a fall.
If it is a personal injury suffered in the course of employment, the horse racing company as the employer shall be liable for compensation.
A is a minor, and the company's employment of minors is also negligent in management.
2) A's responsibility
Although A's judgment ability is still weaker than that of adults, he should be aware of the danger of horse racing to a certain extent, but A's indulgence of this behavior is at fault.
The horse racing company bears 90% of the liability and should pay 11730,000 yuan, A Mou bears 10% responsibility. Write at the end
The Dangerous Lawyer has something to say:
1) After the occurrence of a work-related accident, the work-related injury should be determined as soon as possible, and the statutory time must not be missed.
Otherwise, the company may have to pay up to millions in compensation, and it will be more difficult for the injured employees to defend their rights.
2) Safety is no trivial matter, horse racing is a high-risk sport, and safety measures such as protection must be in place.