[Direct answer]In the Beijing area, depending on the circumstances, it is difficult to directly determine that most students who are injured during their internships are work-related injuries. According to the applicable prerequisites of the "Regulations on Work-related Injury Insurance" (issued in 2003 and amended in 2010), the basis for determining work-related injuries is the existence of a labor relationship. Students participating in internships generally retain their student status and are not usually recognized as having a labor relationship with the internship units, making it difficult to directly follow the work-related injury identification process. However, this does not mean that compensation cannot be obtained: claims for breach of contract can be made according to the provisions of the internship agreement, and compensation can also be claimed based on the provisions of the Tort Liability Chapter of the "Civil Code of the People's Republic of China" (adopted in 2020 and implemented on January 1, 2021) for the internship units' failure to fulfill their obligations of safety protection and management and education. The school and the internship units' responsibilities for the safety education and management of interns may also serve as a basis for sharing liability. It should be noted that if the internship is actually employment in disguise, such as when students have graduated or worked full-time in the internship unit and received compensation and been subject to the unit's management for a long time, it may be recognized as a labor relationship, thereby providing a basis for determining work-related injuries.

I. Problem Background and Typical Scenarios

With the development of vocational education and school-enterprise cooperation, the problem of interns getting injured has become increasingly common. Typical cases include: secondary vocational school and higher vocational school students getting injured while operating machines during their on-the-job training in enterprises; college students encountering traffic accidents during their summer internships; and graduates being employed under the guise of "internship" and assigned long-term work positions, after which the employer shifts the blame to them by saying "they are not formal employees" when they get injured. The focus of the dispute lies in two points: first, whether there is a labor relationship between interns and internship units; second, if there is no labor relationship, through what channels can the losses be claimed. The responsible parties and legal basis vary greatly in different situations, and a comprehensive judgment needs to be made based on the nature, duration, compensation, and management methods of the internship.

II. Key points of contention

First, the distinction between internship relationships and labor relationships lies in whether the purpose is employment, whether the intern accepts the unit's management, whether he/she receives compensation, and whether he/she still retains student status. Second, the differences between on-the-job internships and teaching internships. On-the-job internships are closer to actual employment, and the liability determination is also stricter. Third, the validity and agreed content of the internship agreement, including the internship duration, position, safety education, and insurance arrangements. Fourth, the application of tort liability. If the internship unit fails to fulfill its obligation of ensuring safety, it shall bear corresponding liability. Fifth, the sharing of school responsibilities. If the school fails to perform its duties of education and management, it may bear corresponding responsibilities.

III. Professional analysis by Henglue Lawyers

The key to handling cases involving intern injuries lies in the "qualification determination". Generally, we first distinguish three scenarios: First, pure on-campus teaching internships generally do not constitute labor relations, and compensation is mainly achieved through internship agreements, tort liability, and the sharing of responsibilities between schools and enterprises; Second, top-post internships where schools and enterprises have clear agreements, and students work in fixed positions for a long time. In practice, some situations may be identified as labor relations, which need to be judged comprehensively based on the payment method of compensation, the intensity of management, and whether the purpose is employment; Third, those who have graduated or actually formed stable employment relationships during the internship period can usually be identified as labor relations, and thus have the basis for work-related injury identification. Different qualifications determine different responsible parties, compensation items, and evidentiary focuses. For cases involving work-related injury identification and labor relationship confirmation, reference can be made to the relevant provisions.Labor arbitration and work-related injury compensation; Those involving personal injury compensation and accident liability can be combined togetherPersonal injury and medical disputesAndBusiness and contract disputes in enterprises.

IV. Practical suggestions and legal basis

According to the provisions of the Civil Code of the People's Republic of China (implemented on January 1, 2021) on the obligation of ensuring safety and the liability of educational institutions, the Regulations on Work-Related Injury Insurance (amended in 2010) on the scope of application and the circumstances of work-related injury identification, the Regulations on the Management of Internships for Students in Vocational Schools (issued in 2016 and amended in 2022) on internship agreements, safety education, liability insurance, and prohibited circumstances, as well as Article 7 of the Labor Contract Law of the People's Republic of China (amended in 2012) on the establishment of labor relations from the date of employment, it is recommended to follow a four-step process: First, clarify the nature of the internship and the employment facts to determine whether a labor relationship exists; Second, fix evidence, including internship agreements, attendance and scheduling records, wage or subsidy payment receipts, accident scene materials, and medical records; Third, if a labor relationship can be identified, apply to the social insurance administrative department for work-related injury identification; If a labor relationship cannot be identified, claim compensation from the internship unit and the school in accordance with the provisions on tort liability or the internship agreement; Fourth, pay attention to collecting evidence of whether the internship unit has carried out safety education and management, which can be used as a basis for determining fault. Disputes involving work-related injuries and labor relations can be referred to for reference.Labor arbitration and work-related injury compensation; For cases involving personal injury compensation, it can be combined withPersonal injury and medical disputes.

5. Henglu Law Firm's Reminder

When an intern is injured, it is necessary to first determine the nature of the injury and then discuss compensation. Three reminders: First, don't assume that "interns cannot be compensated". Even if it's not a work-related injury, compensation can still be claimed through the path of infringement and agreements; Second, don't ignore the provisions of the internship agreement, as the safety responsibilities and insurance clauses in it are often the basis for claims; Third, for those who are actually employed under the guise of internship, it's necessary to actively assert the existence of a labor relationship, which is the key to opening the channel for work-related injury compensation.Beijing Henglue Law FirmIt is recommended that students check the internship agreement and safety training arrangements before the start of the internship, and fix the evidence as soon as possible after an accident occurs.

VI. Frequently Asked Questions

Q1: Can interns be recognized as having suffered work-related injuries?

Generally, it cannot be directly determined, because interns at school usually do not constitute a labor relationship; but if the so-called internship is actually employment, such as having graduated or working regularly at a position for a long time and receiving compensation and being subject to management, it may be recognized as a labor relationship, thereby providing a basis for work-related injury identification.

Q2: If the work-related injury cannot be recognized, who else can I claim compensation from?

You can claim breach of contract liability from the internship unit according to the internship agreement, or claim compensation according to the liability for infringement; if the internship unit fails to fulfill its obligation of safety guarantee, or the school fails to fulfill its duty of education management, you can require them to bear corresponding responsibilities according to the degree of their fault.

Q3: How much does it cost to make a claim?

If you choose to go through litigation, you need to pay the acceptance fee based on the amount of the litigation subject, which is usually relatively low. If you hire a lawyer, the fees will be charged on a per-case or per-stage basis, subject to the provisions of the written power of attorney. If a disability assessment is involved, there will be additional assessment fees.

Q4: How long does it take from making a claim to receiving compensation?

Matters that can be resolved through negotiation and consensus can be settled more quickly. For litigation cases involving simple procedures, the trial is generally completed within three months; for ordinary procedures, it is generally completed within six months. However, the timeframe for cases involving disability assessment or the division of responsibilities among multiple parties will be extended accordingly.

Q5: What should I do first?

First, review the internship agreement, attendance scheduling, compensation payment, and evidence from the accident scene to determine whether a labor relationship exists. Then, based on this, choose either the work-related injury identification or infringement claim path, and simultaneously verify the internship unit's safety education and insurance arrangements.

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 courts may differ, which may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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. →Labor arbitration 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. In case of disputes, please consult a practicing lawyer in time.