Today, a small friend asked me a question, what should I do if there is a work injury during the internship of a college student? The employer did not sign a written labor contract with her, did not participate in the work injury insurance, and the cost of hospitalization after the injury made her very helpless.
I first comforted her emotions, and affirmed that things could be solved, that the treatment should be treated for injuries, and there was no need to worry about the cost, and someone had to be responsible.
Now many college students are required to have an internship period before graduation, requiring internship experience, especially in middle and high vocational technical schools, the school will also specially arrange to organize students to intern in production enterprises, then the way of college student internship we are roughly divided into these two types, the school organization and their own find.
First of all, the school organizes students to intern in the employer, generally in order to let students combine theoretical knowledge with practical operation, the school will cooperate with the designated enterprise, and the school will sign an internship agreement with the enterprise. This kind of internship behavior is conducive to the improvement of teaching quality for the school, free or low-cost labor for enterprises, and it is also a mutually beneficial and win-win relationship for individual students to increase knowledge and experience. However, it should be noted that this is an internship in the true sense, the enterprise is only for the school, and will not sign a contract with the intern students alone, and there are many teachers during the internship to operate, this kind of non-signing labor contract, naturally can not pay five insurance and one gold to the students, at most to the interns to participate in commercial accident insurance, then the enterprise and the intern is not a labor relationship, after the occurrence of injury accidents, can only be in accordance with the accidental injury to make claims.
And another kind of internship work that students themselves are looking for, this is not easy to define, some enterprises do not sign a written labor contract for interns on the grounds of not obtaining a graduation certificate, which is groundless in law, both sides through recruitment and application behavior, both have the intention of employment, the employee is engaged in the paid labor arranged by the employer, it is already established labor relationship, naturally to sign a written labor contract, pay social insurance, here includes work injury insurance, and the worker in the process of work injury accident, Workers' compensation should be obtained, which is the same as our theoretical labor relations behavior, and it is enough to directly apply the relevant laws.
It can be seen that no matter what kind of internship behavior, there should be no students themselves to bear the responsibility for accident injuries, and they should negotiate with enterprises or schools in determining responsibility, and ultimately safeguard their legitimate rights and interests.