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每年都有大量在校的大中专、职业技校的学生到相关单位实习锻炼,实习生在实习单位实习过程中发生人身伤亡的事件也时有发生,那么,这些受伤学生能够享受工伤保险待遇吗?近日,成都市武侯区法院审理了这样一起案件。并认为,实习生不是《劳动法》意义上的劳动者,他和用人单位之间没有建立事实或者法律上的劳动关系,因此,实习生在实习单位实习过程中受伤,不享受工伤保险待遇,该类案件不属于《劳动法》调解的劳动争议案件,应属于《民法通则》调解的一般的民事侵权案件。
Every year, a large number of college and technical secondary schools, vocational and technical students to the relevant units of internship training, internship internship intern internship occurred in the process of personal injury occurred from time to time, then these injured students can enjoy work injury insurance Recently, Wuhou District Court of Chengdu trial such a case. He believes that the intern is not a laborer in the meaning of “Labor Law”, and he and the employer have not established factual or legal labor relations. Therefore, the intern is injured during the internship and does not enjoy the work-related injury insurance, Such cases do not belong to the labor dispute mediation under the “Labor Law” and should belong to the general civil tort cases mediated by the “General Principles of Civil Law.”