[Direct answer]In the Beijing area, after the assailant compensates the victim, the employee can still apply for work-related injury compensation according to law. If an employee suffers from violence or other accidental injuries while performing their work duties during working hours and at the workplace, it shall be recognized as a work-related injury (Article 14 of the "Regulations on Work-Related Injury Insurance"). When there is a concurrence of third-party infringement and work-related injury, according to Article 3 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trial of Labor Disputes Cases (I)" (Law Interpretation [2020] No. 26, implemented on January 1, 2021), except for medical expenses, the worker can simultaneously receive compensation for infringement and work-related injury insurance benefits; the medical expenses portion shall not be compensated twice. If the third party fails to pay, the work-related injury insurance fund shall first pay and then seek reimbursement from the third party (Article 42 of the "Social Insurance Law of the People's Republic of China"). If the employer fails to apply for work-related injury identification in accordance with the regulations, the employee or their near relatives may directly apply for compensation within one year.

1. Problem background and typical scenarios

Security guards are injured by troublemakers during their duty, cashiers are injured in conflicts with customers, drivers are beaten by cargo owners, and workers get into fights with each other. After workplace violence injuries, victims often fall into two misconceptions: if the other party compensates for the medical expenses, they think there is no work-related injury; or if the unit says it will be responsible, they do not apply for recognition. In fact, third-party civil compensation and work-related injury insurance benefits are two parallel legal channels. Most items, except for medical expenses, can be obtained simultaneously. When handling similar cases in Beijing, lawyers usually suggest first reporting to the police to fix evidence, then applying for work-related injury recognition, and finally coordinating the two lines of compensation to avoid signing agreements to waive rights in a panic. The specific process can be combined withLabor arbitration and work-related injury compensation servicesAdvance.

II. Key points of contention

There are three key points of the dispute. Firstly, whether it meets the requirements for work-related injuries: whether it occurred during working hours and at the workplace, and whether the employee was violently injured while performing their work duties, which are the core issues for determination. Secondly, the boundaries between double compensation and equal compensation: most items of tort compensation and work-related injury benefits can be obtained concurrently, but medical expenses cannot be compensated twice, and the already compensated part cannot be reimbursed again. Thirdly, the employer's obligation to cooperate: whether the employer submits the application for work-related injury determination within 30 days and provides proof of the employment relationship directly affects the progress of the application; if the employer refuses to apply, the employee can apply on their own. For cases involving public security penalties or criminal accountability, they can be combined with other legal provisions to determine the liability.Criminal defense and criminal case filing servicesHandle another lead.

III. Professional analysis by Hengluo Law Firm

Based on practical observations in handling cases involving overlapping work-related injuries and tort liability, the most common problem after workplace violence injuries is private settlement agreements. Victims are eager to obtain medical expenses and sign agreements stating that the matter is settled once and for all and will not be pursued further. However, after the injury is assessed and determined to constitute a disability, they realize that the work-related injury benefits and disability compensation they gave up far exceed the amount they received. Secondly, there is a lack of evidence: no police reports, no injury assessment reports, and the employer denying the fact of work-related injury, making the determination process extremely difficult. Hengluo Lawyers usually recommend the following: reporting the incident to the police and conducting an injury assessment; reviewing any settlement agreements item by item to clarify the scope of medical expenses, disability compensation, and follow-up treatment costs; and simultaneously applying for work-related injury recognition without interrupting the process due to compensation from the other party. When handling similar cases in the Beijing area, it is particularly crucial to secure workplace surveillance footage and witness information.

IV. Practical suggestions and legal basis

The main basis is Article 14 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010) (circumstances in which a work-related injury should be recognized, including accidental injuries such as violence while performing work duties); Article 17 (time limits for employers to apply within 30 days and for employees to apply directly within one year); Article 38 (scope of payment by the work-related injury insurance fund) and Article 42 (the fund shall first pay and recover compensation when the third party fails to pay) of the "Social Insurance Law of the People's Republic of China" (amended and implemented on December 29, 2018); and Article 3 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trial of Labor Dispute Cases (I)" (effective January 1, 2021) (employees can receive both work-related injury insurance benefits and tort compensation in addition to medical expenses). Practical suggestions: First, report the case to the police and seek medical treatment to preserve evidence of the injury and the infringement; Second, apply for work-related injury recognition; Third, claim damages such as disability compensation from the infringing party; Fourth, apply for work-related injury benefits from the handling agency; Fifth, have a lawyer review the agreement before signing it.

5. Hengluo Law Firm's Reminder

Just because others have lost money doesn't mean your rights to workers' compensation have disappeared. Here are two reminders: First, before signing any settlement agreement, you must confirm whether your injury has stabilized and whether you need follow-up treatment. Be cautious about one-time settlement clauses. Second, don't forget to apply for workers' compensation recognition within one year. If the employer fails to apply, the employee can initiate the application on their own. For cases involving serious injuries that may result in disability, it is recommended to hire a lawyer as soon as possible to coordinate the two lines of compensation and seek legal assistance.Special services and other case servicesThe system assesses the losses to avoid a reduction in equity value.

VI. Frequently Asked Questions

Q1: If the person who assaulted someone pays for the medical expenses, can they still pass the work-related injury identification process?

Yes. Whether the injury is recognized as a work-related injury depends on whether the injury occurred during working hours and at the workplace, and whether it was caused by violence while performing work duties. It has no direct relationship with whether the infringer compensates for the injury. According to Article 14 of the "Regulations on Work-Related Injury Insurance", if an employee suffers from violence or other accidental injuries while performing work duties within working hours and at the workplace, it shall be recognized as a work-related injury. Only the circumstances specified in Article 16 of the Regulations, such as intentional crimes, drunkenness or drug abuse, self-harm or suicide, etc., shall be excluded from the recognition. Therefore, the other party's compensation for medical expenses does not affect the application for work-related injury recognition. The employee can still enjoy one-time disability allowances, wages during the period of suspension of work and payment of wages, and other benefits in accordance with the law. However, the part of the medical expenses that has already been compensated will not be reimbursed again.

Q2: If you are injured at work and want to claim compensation, what evidence do you need to prepare?

The evidence can be divided into three categories. The first category is the work-related injury evidence: labor contracts or proof of employment relationships, police reports, injury assessment reports, surveillance footage, witness information, medical records, and medical bills, which are used to prove that the injury occurred during working hours and at the workplace while performing work duties. The second category is the infringement evidence: the infringer's identity information, on-site videos and photos, police handling materials, compensation agreements, and payment receipts, which are used to claim damages such as disability compensation and loss of income from the infringer. The third category is the compensation evidence: the work-related injury identification decision, the labor capacity assessment conclusion, the certificate of suspension of work and payment of wages, and payroll records, which are used to calculate the amount of work-related injury compensation. With all three categories of evidence in place, the identification and claim process can proceed smoothly.

Q3: For two insurance claims, what are the approximate costs of attorney fees and litigation expenses?

The identification of work-related injuries and the assessment of labor capacity are generally free of charge, and there are no fees charged during the arbitration stage. Lawyer's fees are determined based on the complexity of the case, the severity of the injury, and the amount of the claim, and are charged on a piecework, hourly, or percentage basis of the total amount, subject to the terms of the power of attorney contract. There is no uniform standard. For lawsuits seeking compensation for infringement, the litigation fees are charged in accordance with the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007) and are cumulatively calculated, with the losing party bearing the responsibility. The items that can be claimed include one-time disability compensation, one-time work-related injury medical compensation, disability employment compensation, wages during the period of suspension of work and retention of salary, as well as the disability compensation and mental damage compensation of the infringing party. It is recommended to estimate the total amount and costs that can be obtained before entrusting a lawyer, and prioritize advancing projects with clear evidence and amounts.

Q4: How long does it usually take from getting injured to receiving compensation?

The determination of work-related injuries shall be made within 60 days from the date of acceptance, in accordance with Article 20 of the "Regulations on Work-Related Injury Insurance"; the conclusion of labor capacity appraisal shall be made within 60 days, in accordance with Article 25; for cases with complex injuries, the time limit may be extended by 30 days; and the work-related injury insurance benefits shall be paid by the handling agencies in accordance with the regulations after the determination and appraisal are completed. The shortest period for resolving infringement compensation through negotiation is six months for ordinary procedures and three months for summary procedures in first-instance litigation. For appeal cases, the period is extended by about three months. Overall, it only takes several months to go through the work-related injury procedures; if combined with infringement litigation, it may span over multiple years. It is recommended to prepare materials for infringement claims simultaneously during the work-related injury procedures, so as to shorten the total period by conducting the two processes in parallel.

Q5: If I get injured at work, what should I do specifically?

It is recommended to proceed in five steps: First, immediately call the police and seek medical treatment, request a medical examination report, and keep the police report, injury report, and all medical bills. Second, notify the employer in writing of the accident and require them to apply for work-related injury identification within 30 days. If the employer refuses or delays the application, the employee or their immediate family can directly apply to the social security administrative department within one year. Third, apply for a labor capacity assessment to determine the disability level and the period of work suspension with pay. Fourth, apply for work-related injury benefits from the handling agency, negotiate with the perpetrator for compensation for infringement, and ensure that medical expenses are not compensated twice. Fifth, review all clauses of any compensation agreement carefully before signing it, and be vigilant against lump-sum settlements and final resolutions. For cases involving public security penalties or criminal accountability, relevant procedures can be initiated in conjunction with these actions.Criminal defense and criminal case filing servicesThrough parallel processing, the work-related injury case has been successfully handled.Labor arbitration and work-related injury compensation servicesAdvance.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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. →Labor arbitration legal services·Beijing Hengluo 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 a dispute arises, please consult a practicing lawyer in time.