During the work of employees to go to the public toilet, is it a work injury to the 10 -level disability?Judge: Both parties should bear part of the responsibility

Cover Journalist Song Xiao intern Feng Lian

"I fell on the way to the toilet in the store. He just had a responsibility to compensate me." Aunt Xu in his 60s, when he mentioned his previous injury experience, he would not be angry.

Aunt Xu is a kitchen helper in a restaurant in Pujiang County. On November 6, 2021, she went to the public bathroom to go to the toilet. On the way, she accidentally stepped on the water stain and slipped. She was sent to Pujiang County Hospital of Traditional Chinese Medicine for 18 days. After being discharged from the hospital, she was identified by the Judicial Appraisal Institute of Huada in Sichuan.

Subsequently, she and the restaurant had not reached the same responsibility and compensation. She sued the restaurant to the court and asked to bear the loss of injuries. On August 19, the reporter was informed that the Pujiang Court mediated the liability for the victims of the labor service. In the end, the person in charge of the restaurant agreed to bear 50%of the liability for compensation.

Aunt Sixties went to the public toilet to fall on the way to work

Who is responsible?

Aunt Xu is a kitchen helper and is hired in a restaurant in Pujiang County to work in the kitchen helper of the restaurant.

On November 6, 2021, she went to the public toilet to the toilet, and accidentally stepped on the water stain to slip and wounded. Subsequently, Aunt Xu was sent to Pujiang County Hospital of Traditional Chinese Medicine for 18 days. After being discharged from the hospital, he was identified by the Sichuan Huada Judicial Appraisal Institute.

During his hospitalization, the person in charge of the restaurant paid the medical expenses of 9,600 yuan for him.

After discharge, Aunt Xu asked the restaurant to compensate for the cost of nursing expenses, misunderstandings, disability compensation, and transportation expenses in addition to medical expenses. The restaurant had objections to the amount of compensation. The negotiation reached consensus, and she sued the restaurant to the Pujiang Court.

After receiving the case of the case of the case of the case of the case of the case of the case of the case of the case, the two parties were asked to mediate the willingness. Both parties agreed to mediate and organized the judge to organize the two parties to conduct preliminary mediation and inquire about the time, place and process of the dispute in detail. Aunt Xu was injured on the road to the public bathroom and was not in the restaurant.

The first mediation is deadlocked by both parties

Dispute point: Who is the wrong party?

The person in charge of the restaurant believes that the restaurant has fulfilled a reasonable security obligation and provided a safe working environment for Aunt Xu. The restaurant kitchen worked for Aunt Xu was posted with a "careful slip" warning logo to provide a dispute over the liability of the labor service. Applicable fault liability, there was no fault in the injury of the restaurant in the injury of Aunt Xu. She was unwilling to bear high compensation costs, and was only willing to compensate for medical expenses.

Aunt Xu believes that during the working time, she was injured in the workplace to complete the work of the restaurant. The reasonable physiological needs in the work of the toilet department have done their best to pay attention to the obligations. Accepting the labor service shall bear the liability for compensation.

"I fell in the store, and you have to be responsible for all costs." Aunt Xu said.

"Obviously reminded you, you don't pay attention to yourself." The person in charge of the restaurant retorted.

"People have three urgent need, and the toilet is a reasonable demand. I go steadily. It is the ground that has water on the ground and unsafe." The reason why he fell, Aunt Xu said.

"It's quite unreasonable, is that you still have to sell your shoes?" The person in charge of the restaurant continued to return.

The two sides were deadlocked and the first mediation failed.

Secondary mediation: both parties should bear part of the responsibility

In order to promote the resolution of contradictions and disputes, the judge went to the restaurant to investigate and learned that although Aunt Xu was injured in the public area, the section of the road was only for employees. In the must -see section of the bathroom, the injured place is only one or two meters away from the kitchen area where Aunt Xu works. Aunt Xu's injury has a certain causal relationship with the restaurant in time.

The organizer once again organized the two parties to carry out front court mediation.

During the mediation, the undertaking judge explained to the parties in response to the dispute between the two parties and informed the parties to provide the parties to provide the obligation of the labor service and the receiving party to accept the labor service. Lack of obligations.

As an adult, Aunt Xu should pay attention to her safety when walking. The restaurant should provide a labor -free labor place and labor conditions for providing workers as a labor service.

The aisle outside the kitchen belongs to a restaurant employee to go to the public bathroom. The restaurant is responsible for the cleaning of the area, and both parties have faults of the accident. Therefore, both parties should bear some responsibility.

In the end, the person in charge of the restaurant agreed to bear 50%of the liability for compensation. In addition to the medical expenses that had been paid, Aunt Xu was paid 42,200 yuan, and the payment was completed before September 15.

After the mediation was successful, the Shi Xiang Lake Court immediately launched the procedure of the supervisor and urged the restaurant to pay Xu Mou's compensation 10,000 yuan on the spot.

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