Legal analysis: The tort liability law is not applicable to work-related accidents, but the tort liability section of the Civil Code can be applied. Infringement of civil rights and interests shall bear tort liability. Civil rights, including rights to life, health, name, reputation, honor, portrait, privacy, marital autonomy, custody, ownership, usufruct rights, security rights, copyrights, patents, and trademark exclusive rights , discovery rights, equity rights, inheritance rights and other personal and property rights.

Legal basis: "Regulations on Work-related Injury Insurance"

Article 14 If an employee has any of the following circumstances, he shall be deemed to be a work-related injury:

(1) In Those who are injured by accidents due to work reasons during working hours and in the workplace;

(2) Those who are engaged in work-related preparatory or finishing work in the workplace before and after working hours and are injured by accidents;< /p>

(3) Suffering from violence or other accidental injuries while performing work duties during working hours and in the workplace;

(4) Suffering from occupational diseases;

( 5) When you are away from work, you are injured due to work reasons or an accident occurs and your whereabouts are unknown;

(6) On the way to and from work, you are involved in a traffic accident that is not your main responsibility or in urban rail transit, passenger ferries, Injuries caused by train accidents;

(7) Other circumstances that should be recognized as work-related injuries according to laws and administrative regulations.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall receive treatment and enjoy medical treatment for work-related injuries.

Employees who treat work-related injuries should seek medical treatment at a medical institution that has signed a service agreement. In an emergency, they can first go to the nearest medical institution for first aid.

If the expenses required to treat work-related injuries comply with the work-related injury insurance diagnosis and treatment item catalog, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they will be paid from the work-related injury insurance fund. The catalog of diagnosis and treatment items for work-related injury insurance, the catalog of work-related injury insurance drugs, and the standards for hospitalization services under work-related injury insurance shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council, the food and drug regulatory department and other departments.

The food subsidy for employees who are hospitalized for treatment of work-related injuries, as well as the transportation, food and accommodation expenses required for employees injured at work to seek medical treatment outside the coordinated area shall be paid from the work-related injury insurance fund upon certification issued by the medical institution and approved by the handling agency. The specific standards for fund payment shall be stipulated by the people's government of the coordinating region.

Work-injured employees who are treated for diseases not caused by work-related injuries do not enjoy work-related injury medical treatment and are treated according to the basic medical insurance methods.

The expenses for work-related injury rehabilitation at a medical institution that has signed a service agreement for an injured employee shall be paid from the work-related injury insurance fund if the regulations are met.