Site Practice Was Sued By Rolling University Students

Zou Wenyu, a sophomore of a university in Sichuan Province, took an internship at a construction site in Hainan province. When the construction vehicle was reversing, the roller was crushed, causing the student to be hospitalized. The human resources and Social Security Bureau of Haikou City, Hainan province (Haikou Bureau for human resources) concluded that Zou Wenyu was injured as an industrial injury.

In this regard, the internship unit brings administrative proceedings to the court.

After the court's first instance, the internship units were defeated.

In May 2014, Zou Wenyu, a sophomore in the Civil Engineering Department of a technical college in Sichuan, went to the Hainan branch of a construction engineering company in Sichuan for an internship for a year.

During his internship, Zou Wenyu was a security officer. He was mainly responsible for accepting, directing, signing and issuing invoices to the returned vehicles on the construction site.

At the end of December 2014, Zou Wenyu's construction vehicle, which was backfilled at the construction site, was rolled and hurt when he was reversing. He was sent to Hainan Provincial Reclamation hospital for first aid.

Zou Wenyu was diagnosed with multiple fractures of the body.

In January 11, 2015, Zou Wenyu applied for a work-related injury application to the Haikou people's social Bureau for injuries in December 2014, and provided relevant evidence.

In February 4, 2015, the traffic police detachment of the Haikou Public Security Bureau identified the accident liability and confirmed that Zou Wenyu was responsible for the accident.

After accepting Zou Wenyu's industrial injury application, the Haikou Bureau of human resources and social work requires the engineering company to provide relevant evidence and conduct corresponding investigation according to legal procedures.

After investigation and verification, the Haikou people's social bureau decided to determine the work-related injury. It was found that Zou Wenyu's injury to the construction vehicle was in line with the provisions of item 1 of article fourteenth of the industrial injury insurance Ordinance.

In response, the engineering company refused to accept it, and the engineering company filed an administrative lawsuit against the court of Xiuying District of Haikou after failing to apply for administrative reconsideration.

The engineering company argues that there is no fact labor relationship between Zou Wenyu and Zou Wenyu. He is still a student at school. His practice outside is to accumulate practical experience, and is an extension of classroom learning.

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In addition, Zou Wenyu is not injured due to work reasons, and can not be identified as work-related injuries.

Haikou Bureau of Social Affairs said that Zou Wenyu and the engineering company had actual labor relations, and applied the relevant provisions of the labor contract law, which was also injured due to work reasons, in line with the conditions of industrial injury identification, and should be identified as work-related injuries.

Recently, the people's Court of Xiuying District of Haikou believed that Zou Wenyu was injured by accident at work time, work place and work reason, and should be identified as work-related injury.

The company appealed again, and the Haikou intermediate people's Court upheld the final judgment.

According to the judge, this is a typical internship injury.

Case.

According to the thirty-second provision of the Hainan Special Economic Zone industrial injury insurance, students who are employed (employed) with retirees and work study and internships are recognized as work-related injuries because of accidents or occupational diseases. Employers should pay their work-related injuries according to the items and standards of work-related injury insurance benefits.

The article clearly stipulates that the trainee should be paid the work injury cost to the employer by referring to the industrial injury insurance treatment items and standards after the accident injury is recognized as work-related injury. It shows that the intern students and the students who are employed (employed) with retirees and work study students are included in the scope of the work injury identification.

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Therefore, when students are injured during the internship, they should be identified as work-related injuries if they are injured at work time, work place and work reason.

Every year, tens of thousands of secondary vocational schools and institutions of higher learning graduates have to undergo internship and then move to work. However, due to factors such as work experience and production conditions, accidents happen frequently during interns. Because there is no clear legal provision, it is difficult for the interns to protect their rights as a weak party. At the same time, apart from local regulations or government guidance on the issue of industrial injury compensation for interns, there is not yet a nationwide applicable law and regulations to deal with the problem of work-related injury for interns, which easily leads to differences in judicial practice.

In this regard, some experts suggested that first, we should clarify the problem of compensation for work-related injuries from national legislation.

Secondly, the trainees should be included in the scope of industrial injury insurance or establish an industrial injury insurance system for interns.

Due to the establishment of work-related injury insurance fund, the compensation for injured workers has joined the social and national factors and shared responsibilities.

For interns, the establishment of work-related injury insurance can ensure that they receive appropriate compensation when they are hurt, and avoid attacking employers' enthusiasm to accept interns.

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