Every year a large number of students in school of ability of the old technical secondary school of school, profession take exercise to relevant unit exercitation, the trainee also produces the incident of person casualties from time to tome in process of exercitation unit exercitation, so, these getting hurt can the student enjoy treatment of inductrial injury insurance? Recently, court of district of Hou of fierce of the Chengdu City heard a such cases. Think, the trainee is not " labor law " the laborer on the meaning, the working relationship with jural perhaps fact was not established between he and unit of choose and employ persons, accordingly, the trainee gets hurt in process of exercitation unit exercitation, do not enjoy treatment of inductrial injury insurance, this kinds of case is not belonged to " labor law " labor dispute case of mediation, should belong to " civil code general rule " general civil tort case of mediation.
Details of a case is answered during putting an exercitation, get hurt accidentally
Liao Jun (alias) school of department Chengdu traffic 2001 class a student, september 2003, via the school arrangement is recommended, he arrives inside city some steam carries 4 branches attend exercitation of vehicle maintenance and repair. Of the same age on December 26 afternoon, liao Jun is when exercitation unit work going to work, when be being backed a car by the driver He Lin of exercitation unit, contuse, immediately is sent toward hospital cure. On December 30, 2003, labor of the Chengdu City and social security bureau maintain Liao Jun to get hurt belong to inductrial injury property. On July 27, 2004, committee of appraisal of force of kinetic energy of fatigue of the Chengdu City affirms Liao Jun disable grade is 7 class.
Of the same age on September 23, liao Jun because of dispute of inductrial injury wage, to dispute of labor of the Chengdu City arbitral committee submits to to work arbitral. Dispute of labor of the Chengdu City arbitrates committee did not form working relationship, this controversy not to belong to labor with both sides the decision stops cognizance for controversy. On November 4, 2004, liao Jun is sued to the court then, the request sentences the your exercitation unit, driver that contuses him and school to compensate for its jointly solatium of compensation of medical treatment cost, disability, spirit add up to 71417.4 yuan.
The court argues 3 the accused all say not to carry responsibility
In front courtyard careful, steam carries company argue says, steam motion company to Liao Jun get hurt without fault, he Lin backs a car accord with operation standard, because its violate exercise regulation,Liao Jun gets hurt is, cross tries driveway be caused by, its have significant unpremeditated crime to harm happening, should assume by oneself damage consequence. The devoid law basis such as solatium of the medical treatment cost that Liao Jun holds, spirit, should grant to reject. And the traffic school that Liao Jun is in did not use up obligation of the organization in exercitation education process, government, should with respect to Liao Jun damage assume corresponding liability to pay compensation.
And traffic school thinks, put between the school and Liao Jun educational contract concerns, and this case fastens tort lawsuit, traffic school is not tort behavior person, reason school is not compensatory obligor. And the driver He Lin that contuses Liao Jun thinks, oneself regard steam as the worker of motion company, it is to carrying out the person that Liao Jun causes in functionary process to damage, happen to damaging and do not have fault, should not assume responsibility.
The person that the court adjudicates does not enjoy inductrial injury treatment
Wu Hou thinks after district court cognizance, liao Jun is traffic school in school student, the arrangement that is based on the school carries to steam 4 branches jackaroo, be content of education of its school classroom is outspread. Liao Jun and steam carry concern without labor between 4 branches, also did not establish the identity subordinating relation between the laborer on substantial meaning and unit of choose and employ persons, bilateral right obligation does not suffer the adjustment of labor law. Liao Jun is in although because the exercitation gets hurt,exercitation unit is, but cannot enjoy inductrial injury treatment, its place damage is killed should handle by dispute of general and civil tort. Accordingly, forensic according to " civil code general rule " concerned regulation enters a judgement, steam motion company adds up to to damages of person of Liao Jun liquidate 32762.81 yuan.
With case view this case has demonstrative effect
Whether do trainee and exercitation unit form factual labor to concern? Does the trainee get hurt in exercitation process should how applicable law? Put below the circumstance with skimble-scamble understanding again in practice of the regulation that did not make clear at present in our country law, adjudgement, the court decision of this case has demonstrative action and real sense.
According to " byelaw of inductrial injury insurance " the 29th " the worker suffers accident harm to perhaps suffer from occupational disease to have treatment because of the job, enjoy treatment of inductrial injury medical treatment " regulation, belong to the worker of limits of inductrial injury accident only, ability puts forward the compensation that inductrial injury damages to request to unit of choose and employ persons. What build between school student and exercitation unit is not working relationship, the trainee's identity still is a student, not be laborer, because this does not possess the main body qualification that inductrial injury is sure to compensate for, get hurt not to enjoy treatment of inductrial injury insurance in exercitation process.
