If you are injured by a colleague at work because of work, you should claim work-related injury compensation from the company and personal injury compensation from the tortfeasor.
Article 14, Paragraph 1, of the "Regulations on Work-related Injury Insurance" stipulates:
If an employee has any of the following circumstances, he shall be deemed to be a work-related injury: (1) During working hours and Injured by an accident in the workplace due to work reasons.
Article 2 of the "Tort Liability Law of the People's Republic of China" stipulates:?
Infringement of civil rights and interests shall bear tort liability in accordance with this law.
The civil rights and interests referred to in this law include the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufruct rights, and guarantees Personal and property rights such as property rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights, etc.
Extended information:
If a third party’s infringement is in conflict with work-related injury insurance benefits, the employee may claim both tort compensation and work-related injury insurance benefits at the same time, but the work-related injury insurance fund management agency or employer When assuming liability for work-related injury insurance, medical expenses already paid by a third party will no longer be repaid.
If the work-related injury insurance fund management agency or the employer pays the work-related injury insurance compensation in advance, it may recover compensation from the third party within the scope of the third party’s liability for compensation.
The "Reply of the Supreme People's Court on whether employees or their relatives who are injured at work due to a third party can still obtain work-related injury insurance compensation after receiving civil compensation" stated:
According to " According to Article 48 of the Work Safety Law of the People's Republic of China and the State and Article 12 of the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, employees who are injured at work due to a third party or After receiving civil compensation from a third party, their close relatives may apply for work-related injury insurance benefits compensation from the work-related injury insurance agency in accordance with the provisions of Article 37 of the "Regulations on Work-related Injury Insurance". "
"Tort Liability Law of the People's Republic of China"? Baidu Encyclopedia - Work Injury Insurance Regulations