Not all the injuries suffered in the company are the responsibility of the company. The nature of the injury is different, and the regulations that the company should be responsible for are different. For the fight, the company is not responsible, and it is already a very light consequence that it has not been punished or dismissed. According to the relevant laws of our country, employees who are injured in fighting at work mainly depend on whether they are work-related injuries or not, and those who are injured in fighting are generally not related to work.

Legal analysis

First of all, whether it is easy to identify during working hours and in the workplace, the injury caused by fighting during working hours and outside the workplace can certainly not be identified as a work-related injury. Secondly, whether there is controversy in practice because of performing duties. In fact, the key is to see whether the cause of the fight between the two sides has anything to do with the victim's work, because every employee has a clear job content when he goes to work in the unit. If the cause of the fight has nothing to do with the victim's work, of course, fighting injuries cannot be considered as work-related injuries. For example, a fight caused by personal grievances of both parties or an injury caused by personal revenge for other reasons can not be considered as a work-related injury. Thirdly, if the victim's behavior is a crime or violates the Law on Public Security Administration Punishment, it cannot be regarded as a work-related injury. If an employee is injured in a fight and does not meet the conditions for the determination of work-related injuries, the medical expenses, lost time and other expenses of the injured employee shall be handled in accordance with the relevant provisions of civil tort. Even if the perpetrator constitutes a crime, the victim can file a criminal incidental civil action for compensation. (Even if the victim has medical insurance, he can't enjoy relevant treatment. )

legal ground

Article 14 of the Regulations on Work-related Injury Insurance shall be deemed as a work-related injury if an employee has one of the following circumstances: (1) Being injured by an accident during working hours and in the workplace due to work reasons; (two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident; (three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries; (4) Suffering from occupational diseases; (five) during the business trip, injured or missing 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.