[Direct answer]In the Beijing area, who is responsible for injuries sustained by college students during their internships depends on the nature of the legal relationship between the internship unit and the student, as well as the fault of all parties involved. Generally, students participating in internships are not considered to have established a labor relationship with the internship unit, and therefore are not directly covered by work injury insurance. If the internship is organized by the school, the internship unit and the school should bear corresponding responsibilities according to their respective faults, and compensation is typically handled under personal injury compensation or labor relations. According to Article 116 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding fault liability, and Article 119 regarding the provision of labor services by one party and the other party's liability for damages caused by the labor services, the party receiving the labor services who is at fault should bear corresponding responsibilities. If the internship unit arranges dangerous operations, fails to provide necessary safety protection, or fails to fulfill its management responsibilities, it will generally bear greater responsibility; if the students themselves are at fault, the liability of others can be correspondingly reduced.

I. Problem background and typical scenarios

The division of responsibility for internship-related injuries is often subject to constant disputes due to the complexity of legal relationships. Typical scenarios include: students being organized by schools to intern at enterprises, with the unit and the school shifting blame after an injury; students contacting internship units on their own without signing a written agreement; internship units arranging high-risk work beyond the agreed scope; failure to provide safety education and labor protection; students causing injuries due to improper operation or violating procedures; overtime or night shifts during the internship; and significant disagreements between students and units regarding whether a labor relationship exists. When handling such disputes in the Beijing area, lawyers usually first clarify the nature of the internship and the relationships between all parties involved.Labor arbitration and work-related injury compensationIn business, identifying labor relations and apportioning fault are core issues.

II. Key points of contention

Focus One: Whether a labor relationship exists between students and internship units. Focus Two: The differences in responsibilities between school-organized internships and self-initiated internships. Focus Three: The safety guarantees and management obligations of internship units. Focus Four: Whether schools have fulfilled their guidance and management responsibilities. Focus Five: The impact of students' own faults on liability. Focus Six: Whether workers' compensation insurance can be applied or whether cases should be handled as general torts. Focus Seven: How to determine the scope of compensation and the apportionment of liability.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm advises that cases of internship-related injuries should first determine the nature of the relationship and then apportion liability. First, it is necessary to clarify the legal relationship: Generally, internships conducted by students for learning purposes are not considered labor relationships, making it difficult to directly apply workers' compensation insurance. However, if the internship unit and the student share characteristics such as employment management, compensation, and subordination, the relationship may be deemed a labor relationship, thereby applying relevant workers' compensation regulations. Second, it is important to distinguish the source of the internship: If the internship is organized and arranged by the school, the school bears responsibility for the selection and management of the internship unit, as well as the implementation of safety education. If the internship is initiated by the student independently, the school's responsibility is generally lighter. Third, it is necessary to review whether the internship unit has provided necessary safety education, labor protection, and operating procedures, and whether it has arranged work that does not conform to agreements or is obviously dangerous. Those who fail to fulfill their obligations should bear corresponding liability. Fourth, it is necessary to evaluate whether the student himself/herself has committed operational errors or violated procedures, which may reduce the liability of others. Fifth, the scope of compensation generally includes medical expenses, nursing care expenses, loss of income or damages, and transportation expenses. For cases involving disability, it also includes disability compensation and compensation for mental distress. Overall, the internship agreement, safety training records, and on-site evidence are key to determining liability. 恒略律师提示，实习伤害案件应先定性质、再分责任。第一，要判断法律关系：在校学生以学习为目的的实习，一般不认定为劳动关系，难以直接适用工伤保险；若实习单位与学生之间具备用工管理、报酬与从属性等特征，则可能被认定为劳动关系，进而适用工伤相关规定。第二，要区分实习来源：由学校统一组织安排的，学校对实习单位的选择与管理、安全教育的落实负有责任；学生自行联系的，学校责任通常较轻。第三，要审查实习单位是否提供了必要的安全教育、劳动保护与操作规程，是否安排与约定不符或明显危险的工作，未尽义务的应承担相应责任。第四，要评估学生自身是否存在操作不当、违反规程等过错，从而可能减轻他人责任。第五，赔偿范围一般包括医疗费、护理费、误工或损失、交通费，构成伤残的还包括残疾赔偿金与精神损害抚慰金。整体上，实习协议、安全培训记录与现场证据是划分责任的关键。

IV. Practical suggestions and legal basis

Action recommendations: First, keep the internship agreement, attendance and compensation records to clarify the nature of the internship; Second, fix the witness statements and on-site evidence of the incident; Third, collect relevant materials on safety education and labor protection; Fourth, seek medical treatment in time and keep the cost receipts; Fifth, choose the path of work-related injury or infringement according to the nature of the legal relationship. Legal basis: Article 116 and Article 119 of the Civil Code of the People's Republic of China (effective from January 1, 2021); the provisions on internship management, safety and responsibility in the "Regulations on the Management of Internships for Vocational School Students". For issues related to labor and work-related injuries, please refer to the relevant provisions.Labor arbitration and work-related injury compensationThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, internships at schools generally do not constitute labor relations. Secondly, the responsibilities of school-organized internships and self-initiated internships are different. Thirdly, the safety obligations of internship units are a key focus of review. Fourthly, students' own faults may affect the sharing of responsibilities. Fifthly, one can choose either the work-related injury or the tort liability path based on the specific circumstances. For cases involving internship-related injuries, one can proceed through legal channels to seek compensation.Labor arbitration and work-related injury compensationConsultation. The rules on statute of limitations and evidence shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: Is an injury sustained during an internship considered a work-related injury?

Generally, it's not considered a labor relationship. Internships for students usually do not constitute a labor relationship, making it difficult to directly apply the Work Injury Insurance. If the internship unit and the student have characteristics such as employment management and subordination, and are recognized as a labor relationship, then the Work Injury Regulations may apply. In most cases, it is handled according to personal injury compensation and labor relations.

Q2: Do the internship units need to bear responsibility?

It depends on whether the unit has fulfilled its obligations of ensuring safety and management. If the unit arranges dangerous operations, fails to provide necessary protection, or fails to conduct safety education, it usually needs to bear corresponding responsibilities; if the unit has fulfilled its obligations and the damage is mainly caused by the students' fault, its responsibilities may be correspondingly reduced. The specific responsibilities will be determined by the fault and causality of both parties.

Q3: Is the school responsible for the internships organized by the school?

They may bear corresponding responsibilities. The school is responsible for the selection of internship units, the management of internship content, and the implementation of safety education. Those who fail to fulfill their duties will be held accountable; if students contact the internship units on their own, the school's responsibilities are usually less stringent. The extent of responsibility needs to be determined based on the specific management situation.

Q4: What should I do if I haven't signed an internship agreement?

The internship facts and work content can be proven through attendance records, payroll disbursement, work communication, and colleagues' testimonies. Although the lack of a written agreement may increase the difficulty of providing evidence, it is not impossible to assert one's rights. It is recommended to collect as much material as possible that can reflect the management-subordinate relationship.

Q5: What expenses can be compensated for if an intern is injured during the internship?

It generally includes medical expenses, nursing care fees, transportation costs, and loss of income, etc. Compensation for disability also includes disability compensation and compensation for mental distress. The compensation shall be shared according to the proportion of fault of each party, and the specific amount shall be calculated based on the actual losses and the appraisal conclusion. For more details, please refer to the relevant legal provisions.Personal injury and medical disputes.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.