[Direct answer]You can file a claim. If you are injured while taking a high-speed train, you can, in accordance with Article 823 of the Civil Code of the People's Republic of China, require the carrier to bear compensation liability for the passenger's injury or death during the transportation process, unless the carrier proves that the injury or death is caused by the passenger's own health reasons or the passenger's intentional or gross negligence; in cases such as slipping on the platform, you can also claim that the station failed to fulfill its obligation of ensuring safety in accordance with Article 1198. The compensation shall be calculated based on the actual losses in accordance with Article 1179, and the statute of limitations is three years. After being injured, you should immediately report the incident, obtain written records, and apply for access to surveillance footage. For more details, please refer to the relevant provisions.Legal services for personal injury and medical disputesAndBeijing Henglue Law Firm.

I. Problem Background and Typical Scenarios

High-speed rail travel is relatively safe, but injuries still occur from time to time: passengers are injured in the carriage due to emergency braking of the train; items falling from luggage racks injure passengers; passengers step into the gap between the platform and the carriage when getting on and off the train; scalds from boiling water; being caught between the train doors; and injuries from slipping while waiting or on the platform. Common concerns of passengers include: not knowing whom to contact - the railway transport company, the station, or the unit to which the train belongs; the railway only agreeing to handle compensation according to the insurance amount, which is far lower than the actual loss; not knowing whether it is more beneficial to claim according to the passenger transport contract or according to the infringement claim, and not knowing how to fix the evidence. For more serious injuries involving disability appraisal, the procedures are more complex and require early planning.

II. Key points of dispute

  • Selection of liability path: Claiming breach of contract according to the passenger transport contract and claiming compensation according to infringement constitute a concurrence of rights. According to Article 186 of the Civil Code of the People's Republic of China, only one of the two can be exercised. There are differences in the requirements for evidence, compensation items, and the commencement of the statute of limitations between the two paths. Choosing the wrong path may affect the outcome.
  • Determination of exemption from liability: Passengers' own health reasons, intentional or gross negligence, and force majeure are the main defenses of the railway authorities. The two parties often argue over whether the passengers have exercised reasonable care and whether it constitutes "gross negligence".
  • The scope and standards of compensation: Medical expenses, loss of income, nursing care expenses, and disability compensation shall be determined according to the actual losses in accordance with Article 1179; the railway side sometimes reduces the amount on the grounds of internal regulations or insurance limits, and the compensation shall be calculated item by item according to the statutory standards.

III. Professional analysis by Henglue Law Firm

The nature of the claim determines the legal path. When claiming based on the passenger transport contract, the carrier's liability is heavier: According to Article 823 of the Civil Code of the People's Republic of China, as long as there are passenger casualties during the transportation process, the carrier should, in principle, compensate. The carrier shall bear the burden of proof for exemption from liability, and the passenger does not need to prove that the railway has any fault. For cases with clear losses and a desire for a quick resolution, this path is more direct. When claiming based on infringement, it is necessary to prove that the railway has failed to fulfill its safety protection obligations, such as slippery platforms without warning signs, equipment defects that were not repaired in time, and the potential hazards of loose luggage rack fixtures. According to Article 1198, the responsibility of the station manager shall be claimed; for cases with serious injuries and large compensation disputes, the infringement path is often chosen, and evidence preservation for equipment and surveillance can be applied for. The two types of claims cannot be asserted simultaneously. Before making a choice, the claimant should comprehensively evaluate the injury situation, evidence, and compensation expectations. For disputes involving the transport contract, reference can also be made to relevant provisions.Legal services for corporate commercial and contract disputes.

In terms of evidence and procedures, after the injury, you should immediately report to the train staff or the station, request passenger transportation records or an explanation of the accident; the storage period of surveillance footage from the train compartment and the platform is limited, so you should apply in writing to retrieve the fixed evidence as soon as possible; keep the tickets, medical records, and expense receipts intact; after the treatment is completed, entrust a qualified institution to conduct a disability assessment. During the negotiation stage, pay attention to whether the railroad's proposed settlement covers the subsequent treatment costs and loss of income. Do not sign an agreement for a low-value one-time settlement too easily. If the negotiation fails, such disputes are generally under the jurisdiction of the Railway Transport Court. When suing, you need to pay attention to the determination of the defendant's subject and the jurisdiction arrangement.

IV. Practical suggestions and legal basis

At the legal basis level: Article 823 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates the carrier's liability for compensation for passenger injuries and deaths during transportation and the grounds for exemption from liability, and applies to passengers who travel free of charge, hold preferential tickets, or board without tickets with the carrier's permission; Article 186 stipulates the right of choice when the liability for breach of contract and the liability for infringement of rights overlap; Article 1198 stipulates the safety protection obligations of operators of stations and other public places; Article 1179 stipulates the scope of compensation for personal injury; Article 188 stipulates a three-year statute of limitations. Article 58 of the Railway Law of the People's Republic of China stipulates that in the event of personal injury or death caused by railway traffic accidents and other railway operation accidents, the railway transport enterprises shall bear liability for compensation, except where the personal injury or death is caused by force majeure or the victim's own reasons. At the practical advice level: Report the incident on the spot and request written records; Submit a written application to retrieve surveillance footage; Preserve tickets and income certificates; Discuss the amount of compensation after the treatment is completed; Negotiate first and then litigate, and do not miss the statute of limitations.

5. Henglue Law Firm's Reminder

Claiming compensation from the railway company is not a "powerless and weak" task: the law imposes heavier responsibilities on carriers, and most cases with solid evidence can obtain statutory standard compensation through negotiation or litigation. Two misunderstandings should be avoided: first, believing that "only insurance compensation is available". The statutory compensation liability of railway enterprises and commercial insurance payments are two legal relationships, and insurance amounts cannot replace statutory compensation; second, missing the window for preserving evidence. Carriage monitoring usually has a limited storage time, and it's often futile to retrieve the footage after the event. You can first try to obtain evidence through other means.Beijing Henglue Law FirmEvaluate the responsibility path and the evidence situation, or understandLegal services for personal injury and medical disputesThen, start the claim process again.

Q1: The train braked suddenly and I got injured. Does the railway company have to compensate me?

Generally, compensation should be provided. According to Article 823 of the Civil Code of the People's Republic of China, the carrier shall bear liability for the injury or death of passengers during transportation, unless it can prove that the injury or death is caused by the passenger's own health reasons or the passenger's intentional or gross negligence. Emergency braking of trains is a situation that may occur during transportation. If a passenger falls and gets injured while sitting normally in a seat or compartment, the railway party's defense that "braking is unavoidable" usually cannot completely exempt it from liability. The court will determine the liability based on whether the passenger was in a safe position and whether he/she complied with the rules of carriage. Reporting the injury immediately and obtaining the passenger transportation record is the first key step in claiming compensation.

Q2: If I slip and get injured on the platform, whose responsibility is it?

Check whether the station has fulfilled its obligation to ensure safety. According to Article 1198 of the Civil Code of the People's Republic of China, if the managers of business premises and public places such as stations fail to fulfill their obligation to ensure safety and cause harm to others, they shall bear tort liability; typical situations of failing to fulfill the obligation include the ground being slippery without warning signs, water puddles not being cleaned up in time, and lack of lighting. Passengers' own faults, such as running in slippers or crossing the safety yellow line, will reduce the liability of the railway party to a certain extent. The platform surveillance is a key piece of evidence and has a limited storage period. It is necessary to apply in writing for its retrieval as soon as possible and take photos of the setting of warning signs at the scene.

Q3: What materials are needed to file a claim against the railway company?

Suggested preparations: tickets or ticket purchase records, passenger transportation records or explanations of the accident, complete medical records and diagnosis certificates, medical expense receipts, receipts for nursing and nutrition expenses, proof of loss of income and proof of disability, and estimates of future treatment costs. When communicating with the railway authorities, submit a written claim request and keep the delivery records. If the authorities require you to fill out a claim application form or sign a settlement agreement, first check the compensation items and amounts item by item. Do not sign a low-value agreement that states "resolved once and for all and waive other claims" lightly. If necessary, consult a lawyer for review before making a decision.

Q4: The railway company says that they can only compensate a few thousand yuan according to the insurance, is that reasonable?

This may not be reasonable. The mandatory insurance system for railway passenger accident injuries has been abolished. According to Article 58 of the Civil Code of the People's Republic of China and the Railway Law of the People's Republic of China, the liability for compensation of railway enterprises is determined based on the actual losses. This is a different legal relationship from the compensation provided by the commercial accident insurance purchased by passengers themselves. The insurance amount cannot replace the statutory compensation. If the other party lowers the amount on the grounds of internal regulations, you can require them to present legal basis and calculate the actual losses such as medical expenses, loss of income, nursing care fees, and disability compensation according to Article 1179 of the Civil Code. If the difference is significant, it is more secure to directly claim the statutory standard through litigation.

Q5: Can I still sue after more than a year of delay? How is the statute of limitations calculated?

Yes. The statute of limitations for claiming personal injury compensation from railways is three years, according to Article 188 of the Civil Code of the People's Republic of China. The statute of limitations starts from the date when the right holder knows or should have known that his rights have been infringed and the obligee's identity has been determined. If the injury continues to be treated and the amount of compensation has not been determined, it generally does not affect the calculation of the statute of limitations, but the earlier the claim is made, the more advantageous it will be. If the injured party has conducted written consultations with the railway party after the injury, the consultation records can be used as evidence to assert rights. Exceeding the statute of limitations does not necessarily result in a loss of the case. If the other party does not raise the statute of limitations defense, the court can still adjudicate the case, but the risk will increase significantly. It is recommended to organize evidence and initiate legal proceedings as soon as possible.

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