Traditional Culture Encyclopedia - Hotel franchise - Is a fall at the hotel considered a work-related injury?
Is a fall at the hotel considered a work-related injury?
A fall at the hotel where you are staying cannot be considered a work-related injury.
Because according to regulations, a fall in a hotel during a business trip cannot generally be considered a work-related injury. The rest time in the hotel is not part of the performance of work duties. If the worker is injured due to personal reasons, it cannot be regarded as a work-related injury. If the hotel is at fault, you can ask the hotel to bear corresponding liability for compensation.
Compensation standards for hotel fall injuries:
1. The victim suffered personal injuries, various expenses incurred for medical treatment and loss of income due to lost work, including medical expenses and lost work wages. , nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies, and necessary nutritional expenses, the compensation obligor shall compensate;
2. If the victim becomes disabled due to injury, the victim shall be compensated for the increase in living needs. Necessary expenses incurred and loss of income due to loss of working ability, including disability compensation, disability assistive device fees, dependents' living expenses, as well as necessary rehabilitation fees, nursing fees, and follow-up treatment actually incurred due to rehabilitation care and continued treatment.
3. If the victim dies, the compensation obligor shall not only compensate the relevant expenses specified according to the rescue and treatment conditions, but also compensate for funeral expenses and living expenses of the dependents. , death compensation and other reasonable expenses such as transportation expenses, accommodation expenses, loss of work time and other reasonable expenses incurred by the victim's relatives for funeral matters.
To sum up, a fall in the hotel where you stay cannot be considered a work-related injury. Because according to regulations, a fall in a hotel during a business trip cannot generally be considered a work-related injury. The rest time in the hotel is not part of the performance of work duties. If the worker is injured due to personal reasons, it cannot be regarded as a work-related injury. If the hotel is at fault, you can ask the hotel to bear corresponding liability for compensation.
Legal basis:
Article 1198 of the "People's Republic of China and Civil Code"
Hotels, shopping malls, banks, stations Operators and managers of airports, stadiums, entertainment venues and other business venues, public places or organizers of mass activities who fail to fulfill their safety guarantee obligations and cause damage to others shall bear tort liability.
If the third party causes damage to others due to the behavior of a third party, the third party shall bear tort liability; if the operator, manager or organizer fails to fulfill his safety guarantee obligations, he shall bear the corresponding supplementary liability. After the operator, manager or organizer assumes supplementary liability, it may recover compensation from the third party.
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