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【裁判要旨】实习生在实习单位工作中因其自身一般性过错致受伤的,不能减轻实习单位的赔偿责任,实习生不因其一般性过错而自担部分责任;学校就实习生在实习中的安全防范和权益保障,对实习单位未尽到应有的督促义务的,应根据其过错程度对实习生的受伤承担相应责任;在城市中小学校就读的外地农村户籍学生,在学校的教育教学活动(含派出实习)中受伤致残的,其残疾赔偿金可以按照学校所在地城镇居民标准计算。
The purpose of the referee The trainee in the internship unit of work because of their own general fault wounded, can not reduce the liability of interns, interns do not because of their general fault at their own part of the responsibility of the school intern internship Of the security and protection of rights and interests, the internship units not due to the supervision and obligation of urgency, should be based on their degree of fault to the trainee's injury bear the corresponding responsibility; urban primary and secondary schools in rural areas registered foreign students, in the school's education and teaching Activities (including sending internship) disabled in disability, the disability compensation can be calculated according to the standards of urban residents where the school is located.