How should a child claim for accidental injury at school?

First, the infringer is required to pay compensation, and the infringer has a legal obligation to pay compensation. If the infringer is a minor, his guardian shall bear the obligation of compensation.

Two, request the school to bear the liability for compensation (except that the school can prove that it has fulfilled its educational management responsibilities).

Three, the school generally establishes an accident insurance relationship for students, and can request the insurance company to pay in advance.

Four. Legal basis: The Tort Liability Law stipulates that

1, Article 2: Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this Law.

Article 3 The infringee has the right to request the infringer to bear the tort liability.

3. Article 16:

(1), infringing upon others and causing personal injury, it shall compensate for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism.

(2) If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.

3. Article 32:

(1), a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, and his guardian shall bear tort liability. If a guardian fulfills his guardianship responsibility, his tort liability may be reduced.

(2) If a person with no capacity for civil conduct or with limited capacity for civil conduct owns property and causes damage to others, he shall make compensation with his own property. The insufficient part shall be compensated by the guardian.

4. Article 38 Kindergartens, schools or other educational institutions shall bear the responsibility for personal injuries suffered by people without civil capacity in their study and life, but those who can prove that they have fulfilled their educational management obligations shall not bear the responsibility.

Article 39 If a person with limited capacity for civil conduct suffers personal injury during his study and life in a school or other educational institution, and the school or other educational institution fails to perform its educational management duties, he shall bear the responsibility.

6. Article 40:

1. If a person with no capacity for civil conduct or with limited capacity for civil conduct suffers personal injury from a person other than a kindergarten, school or other educational institution during his study and life, the infringer shall bear the tort liability.

2 kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

Extended data

Compensation for student injury accidents:

1. Organizations or individuals responsible for student injury accidents shall bear corresponding liability for damages in accordance with the relevant provisions of laws and regulations.

2, the scope and standard of student injury accident compensation, in accordance with the relevant administrative regulations, local regulations or the relevant provisions of the judicial interpretation of the Supreme People's Court.

3, the administrative department of education mediation, that the school is responsible, can be in accordance with the relevant laws and regulations and the relevant provisions of the state, put forward the corresponding mediation program.

4. If the degree of disability of injured students is controversial, they may entrust local hospitals or relevant institutions with corresponding appraisal qualifications to conduct appraisal according to the national disability standards.

5, the school is responsible for the student injury accident, according to the size of the responsibility, appropriate economic compensation, but does not undertake to solve the account, housing, employment and other matters that are not directly related to the rescue of injured students and compensate the corresponding economic losses.

6, the school has no responsibility, under the condition of permission, according to the actual situation, in line with the principle of voluntary and possible, give the injured students appropriate six help.

7. If a school teacher or other staff member intentionally or negligently causes a student injury accident in the performance of their duties, the school may recover compensation from the relevant responsible personnel after making compensation.

8 minor students are responsible for student injury accidents, and their guardians shall bear corresponding liability for compensation according to law. If a student's behavior infringes on the legitimate rights and interests of school teachers and other staff members as well as other organizations and individuals, causing losses, the guardian of an adult student or a minor student shall compensate according to law.

9. According to the agreement reached by both parties, the agreement reached through mediation or the effective judgment of the people's court, the school is responsible for raising the compensation that should be borne by the school; If the school is unable to raise funds in full, the competent department of the school or the sponsor shall assist in raising funds.

10. The education administrative department of the people's government at or above the county level or the school sponsor can raise compensation for injuries according to law by setting up a student injury compensation reserve, etc.

Baidu Encyclopedia-"Measures for Handling Student Injury Accidents"

Baidu Encyclopedia-People's Republic of China (PRC) Tort Liability Law