Yinan county criminal lawyer

The liability for compensation for employees' injuries is a tort liability. Article 11 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases 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. " The reason why the law stipulates this is because in the management activities of employers to employees, employees complete the work for employers, and employers are the beneficiaries. Employers should do more duty of care. When employees work for employers, the interests belong to employers, and the responsibilities also belong to employers first. Since the employer applies the principle of no-fault liability to employees' compensation liability, there is no need to examine whether the employer is subjectively at fault, that is, to assume responsibility without fault, and to assume responsibility even more if there is fault. The condition for the employer to bear the responsibility is: 1, and the victim must be an employee. 2. Victims need to suffer damage in the process of employment. 3. Does the employer need to be exempted from inspection?