[Direct answer]In most cases, it does not count as a work-related injury, but compensation can still be obtained. Generally, students participating in internships do not establish labor relations with the internship units, making it difficult to determine whether it is a work-related injury. In this case, compensation should be claimed based on personal injury (Articles 1179 and 1165 of the Civil Code). If the internship unit is at fault, it shall bear the compensation liability, and the school shall bear corresponding responsibilities if it fails to fulfill its management duties. For those who have graduated and entered the probationary period and established labor relations with the unit, injuries caused by work should be recognized as work-related injuries (Article 14 (1) of the Work Injury Insurance Regulations). Vocational schools' internship units should, in accordance with regulations, purchase internship liability insurance for interns. The first step is to fix the tripartite agreement and evidence of the accident. For specific procedures, please consult.Legal services for personal injury and medical disputesAndLabor arbitration and work-related injury compensation servicesTeam.

1. Problem background and typical scenarios

College students getting injured during summer internships in workshops, vocational school students getting hurt while operating machinery during on-the-job training, graduate students getting injured while participating in project trials, and employees getting injured during the probationary period after graduation are all high-incidence scenarios. Students and parents often make two types of misjudgments: First, they believe that as long as they work in the unit, they have a labor relationship and can be recognized as work-related injuries, only to have their claims rejected due to procedural errors; Second, they believe that the three-party agreement states "no responsibility for injuries during the internship period", so they can only bear the losses themselves and give up claiming compensation. Intern injury cases span two fields of tort law and labor law. The identity classification is different, and the responsible parties, compensation items, and amounts vary greatly. A wrong classification will directly waste a year of relief time.

II. Key points of contention

  • Identification of labor relations: Students who work part-time to help with their studies or participate in internships during their spare time are not considered as employed and do not establish labor relations according to Article 12 of the original Ministry of Labor's Opinions. The path to work-related injury compensation is basically closed, and they can only pursue personal injury compensation.
  • Division of responsibilities: The proportion of faults attributable to the internship unit's failure to fulfill its obligations of safety training and protection, the school's failure to fulfill its responsibilities of evaluating the internship unit and managing the process, and the student's own faults in operating in violation of regulations directly determine the share of responsibilities borne by each party.
  • Disclaimer and insurance connection: the effectiveness of the disclaimer in the tripartite agreement, the order of compensation for internship liability insurance and accidental injury insurance, and whether the insured can continue to claim from the unit or school for the insufficient portion after insurance compensation.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers suggest handling the case in the following order: "Determine the labor relationship → Identify the responsible party → Apply for insurance compensation → Initiate litigation as a last resort". First, determine the identity: Students on internship follow the tort liability path, while graduated probationary employees follow the work-related injury path. The procedures and standards for the two paths are vastly different, so it is necessary to first define the nature of the case before quantifying it. Under the tort liability path, organize evidence in accordance with Article 1165 of the Civil Code regarding fault liability: tripartite agreements, pre-job safety training records, equipment protection measures, and accident investigation materials. Claim that the unit failed to fulfill its obligations of safety education and labor protection. If the school is negligent in selecting internship units, signing agreements, or tracking the process, it shall bear corresponding compensation responsibilities. Students' own negligent operations may reduce the compensation, but do not exempt the unit from liability. Calculate the compensation according to Article 1179, and determine the degree of disability through appraisal. At the same time, verify insurance coverage: The "Regulations on the Management of Internship for Vocational School Students" issued by the Ministry of Education and other eight departments on December 31, 2021 specifically require that internship students be insured against liability. Applying for insurance compensation first can significantly accelerate the pace of obtaining compensation, and the insufficient portion of the insurance can then be recovered from the at-fault party. If mediation fails, initiate litigation. For cases involving the borderline of labor relations (such as nominal internship but actual employment), consultation with the employer may be necessary.Labor arbitration and work-related injury compensation servicesThe team should make decisions together to avoid choosing the wrong path.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1165 of the Civil Code (effective January 1, 2021) establishes the principle of fault liability, Article 1179 lists the items of compensation for personal injury, and Article 506 stipulates that the exemption clauses for causing personal injury to the other party are invalid; Article 14 (1) of the Work Injury Insurance Regulations (effective January 1, 2004, amended on December 20, 2010) identifies work-related injuries, and Article 62 stipulates that units without insurance coverage must still pay work-related injury expenses in accordance with the items and standards of the regulations; Article 12 of the Labor Ministry's Opinions on Implementing the Labor Law of the People's Republic of China (issued on August 4, 1995) clarifies that students using their spare time to work part-time to assist with their studies is not considered employment and does not establish a labor relationship; the "Regulations on the Management of Internships for Students in Vocational Schools" (issued by the Ministry of Education and other eight departments on December 31, 2021) requires that internship students be insured with internship liability insurance. At the practical advice level: Seek medical treatment immediately after the injury and keep all medical records and receipts intact; notify the internship unit and the school in writing, requiring them to initiate an accident investigation and report the case to insurance; copy the tripartite agreement, attendance and training records, and preserve photos of the scene and surveillance footage; after the treatment is completed, conduct a disability assessment based on the injury condition, and seek specific advice for this matter.Legal services for personal injury and medical disputes.

5. Henglu Law Firm's Reminder

The key window for interns to protect their rights is within two weeks after the accident: evidence such as tripartite agreements, attendance records, surveillance footage, and training records are easiest to preserve at this time, and the unit's and school's attitudes towards responsibility also take shape at this time. Do not be misled by the argument that "interns are not considered workers and therefore cannot be compensated". Personal injury compensation and work-related injury benefits follow different paths but provide genuine relief. Defining the nature of the injury first and then quantifying it will save time. At the same time, be vigilant about two points: exemption clauses cannot prevent personal injury claims; if insurance claims cannot be resolved through negotiation, it is necessary to decisively resort to litigation. For case evaluation, please contact us viaBeijing Henglu Law FirmThe lawyer will arrange an appointment for a consultation to clarify the nature of the case, identify the responsible parties, and determine the order of compensation claims.

Q1: If the internship agreement states "we will not be responsible for any injuries", is it still valid?

Invalid. According to Article 506 of the Civil Code, the exemption clauses in the contract that cause personal injury to the other party are invalid, and the internship unit shall not exempt itself from liability for compensation by such provisions in the tripartite agreement. The provisions in the agreement concerning the internship content, insurance subscription, compensation and expenses are still valid, but the exemption clauses concerning personal injury are not binding. After being injured, one does not need to give up claiming rights due to the clauses, and should also check whether the unit has purchased internship liability insurance in accordance with the "Regulations on the Management of Internships for Vocational School Students". Compensation can be obtained through both insurance payment and infringement claims, and the provisions in the agreement cannot be used as a reason for refusing to compensate.

Q2: What compensation items can interns claim if they get injured?

According to Article 1179 of the Civil Code, reasonable expenses for treatment and rehabilitation, such as medical fees, nursing fees, transportation fees, nutrition fees, and hospitalization meal subsidies, as well as income lost due to work stoppage, can be claimed; if the victim suffers from a disability, additional expenses for assistive devices and disability compensation are also included; if the victim dies, funeral expenses and death compensation are payable. The degree of disability must be determined by a judicial appraisal; if the intern has received an internship allowance, the loss of work income can be calculated based on the actual allowance. In terms of liability, the internship unit and the school shall share the liability in proportion to their respective faults, and if the intern has purchased internship liability insurance, the insurer shall first pay the compensation within the insured amount, and the insured party shall make up for the shortage of the compensation.

Q3: Does the school need to take responsibility for injuries sustained during the internship?

It depends on the performance of management duties. The school is responsible for evaluating the choice of internship units, signing tripartite agreements, providing pre-job safety education, and tracking the progress of the internship. If the school arranges students to intern at units that do not meet safety standards, fails to provide safety education, or neglects to handle accidents after they occur, it should bear corresponding compensation responsibilities. The internship unit that fails to fulfill its obligations in safety training and protection is the main responsible party. The student's own faults in operating in violation of regulations will reduce the total amount of compensation. Courts usually divide the proportion of faults and causalities among the three parties, and the focus of evidence collection is on the school's cooperation agreements with internship units, safety agreements, and management records. It is recommended to apply for preservation as soon as possible.

Q4: After graduation, I entered the probationary period of the unit. If I get injured, is it considered a work-related injury?

Yes. The probationary period is included in the term of the labor contract, and the two parties have established a labor relationship. If the employee suffers an accident injury at work during working hours and in the workplace, it shall be recognized as a work-related injury in accordance with Article 14 (1) of the Work Injury Insurance Regulations. Special attention should be paid to the impact of the employer's failure to pay social insurance: According to Article 62, if the employer fails to participate in work injury insurance and the employee suffers a work-related injury, the employer shall still pay all expenses in accordance with the items and standards prescribed by the regulations, and the benefits shall not be discounted. In terms of procedure, the employer's unit shall apply for work injury identification within 30 days from the date of the accident injury. If the employer fails to apply for it, the employee or his/her near relatives may apply for it on their own within one year.

Q5: What should I do first if I get injured during an internship?

Follow these five steps: 1. Seek immediate medical attention and keep all medical records, diagnosis certificates, and expense receipts intact. 2. Notify the internship unit and the school in writing, requesting an accident investigation and filing a claim with the internship liability insurance. 3. Preserve evidence, including the tripartite agreement, attendance and training records, photos of the accident scene, and surveillance footage. 4. After treatment concludes, obtain a disability assessment based on the injury. 5. Determine whether to pursue workers' compensation or personal injury compensation based on whether the victim is a current student or a graduated worker. If no agreement can be reached, promptly file a lawsuit. Throughout the process, pay attention to the three-year statute of limitations (Article 188 of the Civil Code) and the one-year application period for workers' compensation. Never delay due to the excuse of "I'm still in school and not in a hurry."

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