It needs specific analysis:
1. Help others, and if they are injured while helping them at work, they shall bear corresponding responsibilities according to their respective faults;
2. If the helper explicitly refuses to help, the helper will not be liable for compensation, but can make appropriate compensation within the scope of benefit.
3. If the help is paid, of course, it should be liable for the property losses of others.
4. In general, if the help is free, the beneficiary will bear the liability for compensation, and only when the helper has obvious negligence will the helper bear limited liability for compensation.
5. If the helper suffers personal injury due to the helper's activities, the helper shall be liable for compensation. If the helper explicitly refuses to help the worker, he shall not be liable for compensation; However, it can be properly compensated within the scope of benefit. If a helper suffers personal injury due to infringement by a third party, the third party shall be liable for compensation. If the third party is uncertain or incapable of compensation, the aided person may make appropriate compensation.
6. If the helper is intentionally or grossly negligent, the people's court shall support the obligee's request that the helper and the aided person bear joint liability.
1. Precautions for claiming compensation for personal injury
1. Because of the infringement of life, health and body, the right holder of compensation can sue the obligor for compensation for property loss and mental damage.
2. If a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within a reasonable range, causing personal injury to others, the obligee for compensation may request him to bear the corresponding liability for compensation. If a third party infringes (such as a criminal) and causes damage, the third party who commits the infringement shall be liable for compensation. If the security obligor is at fault, he shall bear the corresponding supplementary liability for compensation within the scope that he can prevent or stop the damage.
3. If a school, kindergarten or other educational institution that has the obligation to educate, manage and protect minors according to law fails to fulfill relevant obligations within the scope of duties, causing personal injury to minors, or causing personal injury to others by minors, it shall be liable for compensation corresponding to its fault.
4. In civil compensation, the compensation obligee should pay attention to collecting and preserving all relevant evidence as much as possible.
second, the difference between helper and negotiorum gestio
1. helper has a cause, while negotiorum gestio has no cause. The helper has no remuneration, nor can he ask for remuneration afterwards. The negotiorum gestio manager can ask for reimbursement and pay the necessary expenses.
2. The legal relationship of negotiorum gestio in civil law embodies the traditional virtues of the Chinese nation, and promotes the initiative of helping others among members of society. The negotiorum gestio can be anyone. The helper relationship is different. There is a certain relationship between the helper and the helper, which can't be for no reason, such as relatives, friends and other people who know, and the helper knows or is present.
3. negotiorum gestio is to avoid the loss of others' interests. If it is not managed in time, others may suffer the loss of interests. The helper is not the case. Helping others is optional, and the interests of others will not be lost without the help of the helper.
According to the relevant laws of our country, if the helper causes personal injury, the helper will generally be liable for compensation. If the helper explicitly refuses to help others, he will not be liable for compensation. If the injury is caused by a third person, the third person will bear the responsibility.
Legal basis:
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases
Article 14
If the helper suffers personal injury due to the helper's activities, the helper shall be liable for compensation. If the helper explicitly refuses to help the worker, he shall not be liable for compensation; However, it can be properly compensated within the scope of benefit. If a helper suffers personal injury due to infringement by a third party, the third party shall be liable for compensation. If the third party is uncertain or incapable of compensation, the aided person may make appropriate compensation.