高职学生在实习期间的人身伤害定性之我见

A Study on the Personal Injury Identification during Internships of Vocational College Students

随着高职院校人才培养模式改革的深入,学校越来越重视学生的实习实训。但由于立法对高职学生在实习期间的相关规定不完善,实习期间学生的人身伤害能不能按照工伤处理,在实践中有不同的做法,使得实习学生的人身权益不容易得到维护,导致纠纷的产生。本文对学生在实习期间的人身伤害是否属于工伤的定性进行探讨,认为应根据具体实习的情形进行工伤与否的认定。当高职学生与用人单位构成劳动关系之时,其发生的伤害事故应认定为工伤。

With the deepening of the reforms of the personnel training modes in vocational colleges, colleges are em phasizing students＇ practical training to a greater extent. However, relevant laws and regulations in this field are still deficient, so personal injuries of students during internships can not be handled according to the standards of indus trial injuries. What is even worse is that many ways of dealing with such cases not only harm students＇ personal rights and interests but also lead to disputes. This essay discusses about whether students＇ personal injuries during internships should be identified as industrial injuries. On a case-by-case basis, the essay holds the view that a per- sonal injury should be determined as an industrial one if a labor relation has been established between a student and an enterprise.