If an employee has an accident in the dormitory, it is neither the working time, the working place, nor the work-related reasons, and it cannot be considered as a work-related injury. If an employee has an accident in the dormitory, the company shall bear the responsibility according to the principle of fault. If the hardware facilities and management of the company dormitory are the factors leading to the accident, the company shall bear the responsibility according to the constituent elements. If the company does not bear the responsibility for employee accidents, the infringer shall bear the responsibility. If there is no infringer or the infringer cannot be found, the company shall treat the local employees as non-work-related injuries.
Employees who fall in the dormitory can apply for work-related injury identification in the following ways:
1. Under normal circumstances, after a worker suffers a work-related injury, the employer shall apply to the social insurance administrative department of the overall planning area for work-related injury identification within 30 days after the worker is injured;
2. If the employer fails to file an application for work-related injury identification in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade unions may file an application for work-related injury identification directly with the social insurance administrative department where the employer is located within 1 year from the date of the accident;
3. The materials to be submitted for identification include an application form for work-related injury identification, and there is a labor relationship with the employer, including a factual labor relationship certificate, a medical diagnosis certificate or an occupational disease diagnosis certificate;
4. After the work-related injury identification is completed, it is necessary to carry out labor ability appraisal, and then the employer and the work-related injury insurance fund will make specific compensation according to the level of labor ability appraisal according to relevant regulations.
To sum up, the company has certain security obligations for the safety of its management area, and should bear corresponding compensation liabilities if it fails to fulfill its obligations.
Legal basis:
Article 14 of the Regulations on Industrial Injury Insurance
Workers in any of the following circumstances shall be recognized as work-related injuries:
(1) Being injured by an accident during working hours and in the workplace;
(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.