Traditional Culture Encyclopedia - Travel guide - What is the compensation standard for tourism injury?
What is the compensation standard for tourism injury?
1. Travel accident insurance is to compensate for personal injury caused during the travel process, and the insurance period starts when the tourist goes out with the travel agency and ends when he leaves the travel agency for home; Therefore, as long as there is evidence that the injury was caused by an accident during the trip, you can apply for company claims; If it is a collective accident insurance purchased by a travel agency, you can entrust the travel agency to negotiate with the insurance company;
2. Travel accident insurance, as its name implies, refers to accidental injury insurance from abroad, accidents and non-diseases during the travel activities arranged by travel agencies during the contract period; The insurance period generally refers to the time when tourists set foot on the means of transportation provided by the travel agency and leave the means of transportation arranged by the travel agency after the trip; Travel accident insurance is a kind of short-term insurance, which covers tourists, not travel agencies, but short-term compensatory insurance purchased by tourists voluntarily.
Workers in any of the following circumstances shall be recognized as work-related injuries:
1, who suffers accidental injuries due to work during working hours and workplaces;
2, before and after working hours in the workplace, engaged in work-related preparations or finishing work by accident;
3. Being injured by violence and other accidents during working hours and workplaces due to the performance of duties;
4. Suffering from occupational diseases;
5. When going out to work, he is injured due to work reasons or the whereabouts of an accident are unknown;
6. Being injured by a traffic accident that is not my main responsibility or an urban rail transit, passenger ferry or train accident on the way to and from work;
7. Other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
To sum up, the liability for industrial injury compensation is the responsibility of the employer, that is, the principle of no-fault liability (also known as the principle of no-fault compensation). Specifically, as long as there is an industrial accident, no matter who is at fault or not, the business owner should be liable for compensation; The relevant laws do not explicitly adopt the principle of imputation, but the principle of negligence compensation is implemented in practice. However, from the perspective of protecting workers' rights, we advocate the principle of no-fault liability.
Legal basis:
Article 36 of People's Republic of China (PRC) Social Insurance Law
Workers who are injured by accidents or suffer from occupational diseases due to work reasons and are recognized as work-related injuries shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability treatment.
Work injury identification and labor ability appraisal should be simple and easy.
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