Why do cleaners wear high heels to hurt the company? Why was the company sentenced to 90% responsibility?

) 63-year-old Zhang works in Tejiejie Company as a cleaner. She loves to wear high heels on weekdays, and she accidentally fell down and got hurt at work. Because Zhang failed to claim compensation from the company, he appealed to the court. The court of first instance ruled that cleaning company should bear 90% responsibility and compensate Zhang for a loss of 65,438+10,000 yuan. Tejie Company refused to accept the appeal and appealed to Beijing No.1 Intermediate People's Court. Recently, the court upheld the original judgment in the second instance.

Zhang complained that on April 24th, 20 15, it was at work time. At that time, she was wearing high heels and went outdoors to get cleaning tools. After she finished taking it, she slipped and got hurt on her way back to the office building. After examination by the hospital, it was diagnosed as a fracture of the distal right radius.

After trial, the court of first instance held that Zhang was injured while engaging in employment activities, and deliberately Jie Company, as an employer, should be liable for compensation. Tejie Company claimed that the location of Zhang's injury was not within its scope of work, but it did not provide corresponding evidence to prove that the court refused to accept it. As an adult, Zhang should know that wearing high heels in cleaning work is easy to fall and get injured, but Zhang failed to fulfill the necessary duty of care.

Therefore, the court of first instance ruled that Tejie Company should bear 90% responsibility, and Zhang himself should bear 10% responsibility. The company was ordered to pay Zhang's medical expenses, nutrition expenses, mental damage compensation, etc. totaling more than RMB 65,438+10,000.

After the verdict, the company deliberately refused to accept it and appealed to Beijing No.1 Intermediate People's Court. The company believes that the court of first instance decided the amount of disability compensation according to the urban standard, but Zhang did not submit the evidence that it was an urban hukou. Zhang was 63 years old when he was injured. He should carefully choose the shoes to wear at work according to his own situation, working conditions and needs. The first instance ruled that Zhang himself was responsible for 10%.

After hearing the case, the court of second instance held that the focus of the dispute in this case was the standard of Zhang's disability compensation and the division of responsibilities between the two parties. Regarding the standard of Zhang's disability compensation, Tejie Company recognizes that Zhang has been employed. Although I resigned during the period, I can conclude that I was mainly employed in urban areas, and my income was mainly from towns. At the same time, Zhang's household registration certificate issued by the police station can prove that he is an urban resident, so it is not improper for the court of first instance to calculate Zhang's disability compensation according to urban standards.

Regarding the division of responsibilities between the two parties, Tejie Company identified Zhang as its employee. According to the time and place of Zhang's injury, it can be concluded that Zhang was injured in employment activities, so Tejie Company should be liable for Zhang's personal injury. When Zhang wears high heels to do cleaning work, he should foresee the danger of falling and being injured. Zhang's failure to pay necessary attention to his own safety can reduce the responsibility of deliberately cleaning the company. At the discretion of the court of first instance, Zhang was held responsible for 10%.