In case of non-work-related injury, the employer shall not be liable for compensation unless it is at fault.
If a worker suffers non-work-related injuries, the infringer shall be liable for compensation. If the employer is at fault for the employee's non-work-related injury, it shall be liable for compensation in accordance with the principle of fault. If there is no fault, it will not be liable for compensation.
If the employer is not at fault for the employee's non-work-related accidents, but the employee has no infringer or can't get compensation from the infringer, the medical expenses can be handled according to the medical insurance method. During the period of shutdown treatment, the employer shall pay sick pay or disease relief fee not less than 80% of the local minimum wage.
Under what circumstances can it be recognized as a work-related injury?
(1) According to the Regulations on Work-related Injury Insurance, an employee shall be deemed as a work-related injury in any of the following circumstances:
(1) is injured by an accident during working hours and workplace;
(two) before and after working hours in the workplace to engage in work-related preparatory work or finishing work was injured by an accident;
(3) Accidental injuries such as violence are caused during working hours and workplaces due to the performance of work duties;
(4) Suffering from occupational diseases;
(five) when going out to work, he is injured or his whereabouts are unknown due to work reasons;
(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;
(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
Legal basis:
Article 165 of the Civil Code of People's Republic of China (PRC)
If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.
Article 167 of the Civil Code of People's Republic of China (PRC) * * * If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.