The Study On The Legal Liabilities Of Work-Related Injury Accidents

This paper has illustrated the definition on the legal liabilities of work-related injury accidents ,the judicial application and improvement for the liabilities of the work-related insurance and the personal injury compensation as well as the concurrence and handling on the liabilities of the work-related insurance and the personal injury compensation, and has put forward my suggestions, in hoping of the joint effort in improving the Chinese legal systems on the liabilities of the work-related accidents.This paper is divided into three parts. The first part illustrates the overview on the legal liability of the work-related injury accidents. In the part,the following is mainly illustrated: (1) the definition of work-related injury and the legal components. The work-related injury refers to the sufferings from the work-related accidental injury or occupational disease incurred directly or indirectly during the work process. In compliance with the stipulations by the"Regulations on Work-Related Injury Insurance", the work-related injury includes the six situations which shall be determined as having a work-related injury and the three situations which shall be deemed as having a work-related injury. The legal component of the work-related injury refers to that the laborer must have the labor relationship with the employer, must have the fact that the laborer suffers from such personal injury, and such injury must happen at the time when the laborer is fulfilling his / her work duties. (2) The definition on the legal liabilities of work-related injury accidents and the analysis on their attributes. The legal liabilities of the work-related injury accidents refer to the legal liabilities which should be born legally on the social insurance and injury compensation etc. The attributes of the legal liabilities of work-related injury accidents have both special tort and the liability of work-related injury insurance. (3) The classification on the legal liabilities of work-related injury accidents. The legal liabilities of work-related injury accidents can be categories into the insurance liability of work-related injury, the civil liability of work-related injury, and the criminal liability of work-related injury. (4) The judicial application for the legal liabilities of work-related injury accidents. First, the historic evolution of the legal liabilities of work-related injury accidents has been illustrated. From the perspective of the development on theories concerning the legal liabilities of work-related injury accidents, several different stages have been experienced one after another: the personal liability for laborers, the liability for fault, the liability without fault for employer and the liabilities of the work-related insurance. Secondly, the judicial application of the legal liabilities of work-related injury accidents is illustrated. The applicable laws concerning the legal liabilities of work-related injury accidents include the procedural laws and the substantive laws. This paper mainly studied the judicial application on the work-related injury insurance law and the law of tort.The second part has illustrated the judicial application and improvement for the liabilities of the work-related insurance. This part has illustrated the judicial application for the liabilities of the work-related insurance. The judicial application for the liabilities of the work-related insurance refers to the judiciary activities in handing the work-related insurance case. The liabilities of the work-related insurance mainly apply"The Labor Law"and "Regulations on Work-Related Injury Insurance". It reflects the labor relationship between the laborer and the employer. The personal injury of the laborer which is determined as the work-related injury must have three legal components: the laborer must have the labor relationship with the employer, must have the fact that the laborer suffers from such personal injury, and such injury must happen at the time when the laborer is fulfilling his / her work duties. The liabilities of the work-related insurance apply the liabilities without fault for the employer. The employer must undertake the liabilities of the work-related insurance and the laborer should accept the work-related insurance treatment when the work-related injury accidents occur. The liabilities of the work-related insurance are favor to harmony between the employer and the laborer. Next, this part has illustrated the improvement of the judicial application for the liabilities of the work-related insurance. The legislation and the judicial protection systems on the liabilities of the work-related insurance should be enforced and improved in our country. The people's court should strengthen the following four aspects of work: A) in the judgment and trial organization. The specialized collegial panel for labor cases should be set within the civil court. B) in the aspect of case acceptance. It mainly includes: the regulations about simplifying the cases acceptance procedure, about executing the judicial relief, about the regulation in solidifying the guidance to the concerned party in lawsuits. C) in the aspect of litigation procedure regulations. Formulate the special litigation procedures on handling the labor dispute cases and unify the trial procedures for such cases. It mainly includes: the stipulations on the subject of litigation, the stipulation on the applicability of summery procedure, the stipulation on the litigation procedure, and the stipulation on the executing procedure. D) in the aspect of handling cases. This mainly includes: about the stipulations on the applicable laws, about the stipulations on the principle of culpability, about the stipulations on the determination of work-related injury, and the work-related injury insurance treatment, etc as well as the stipulations on the onus probandi and confrontation of witnesses. The people's court should summarize their experiences on handling the cases concerning the work-related injury accidents, and continuously seek the trial methods adaptable to the status quo of the Chinese labor relationships.The third part illustrated the judicial application and improvement for the liabilities of the personal injury compensation. This part has illustrated the judicial application for the liabilities of the personal injury compensation. The judicial application for the liabilities of the personal injury compensation refers to the judiciary activity in handing the personal injury compensation case. The liabilities of the personal injury compensation mainly apply"General Principal of the Civil Law"etc. It protects right of life, right of health, bodily right and reflects the labor relationship in the equal civil subject. The personal injury compensation applies the liability for fault, the liability for presumptive fault and the liability without fault. The personal injury compensation includes the property injury compensation and the mental injury compensation. Next, this part has illustrated the improvement of the judicial application for the liabilities of the personal injury compensation. The rule and method of the personal injury compensation should be unified, the system of the personal injury compensation should be improved and the judicial application for the liabilities of the personal injury compensation should be normalized in our country. Finally, this part has illustrated the evaluation and analysis on the special civil compensation, for which the regional regulations and rules of Shanxi Province, etc are referred to, and their regulation on the compensation for each dead staff is not lower than 200 thousand Yuan. Such special civil compensation is evaluated and analyzed in the perspective of legal bases, legal force, legal applicability, and legal effect.The fourth part illustrated the concurrence and handling on the liabilities of the work-related insurance and the personal injury compensation. This part has illustrated: (1) the relationship between the liabilities of the work-related insurance and the liabilities of the personal injury compensation. Among which, the connection between the liabilities of the work-related insurance and the personal injury compensation has been illustrated. The connection between the two is shown from the fact that the two are both the relief methods in the liabilities of the work-related insurance and the personal injury compensation, and they have a deep-rooted connection and complement each other. Next, the distinction between the liabilities of the work-related insurance and the personal injury compensation has been illustrated. The distinction between the two is shown in the aspect of legal relationships, the judicial applications, the nature of the liabilities, the principle of culpability, the legal components, the state of liability and forms of liabilities, the subject of compensation, the relationship between the subjects, the content of compensation, the injury determination procedures, and the approaches for the right-related judicial relief. (2) The concurrence between the liabilities of the work-related insurance and the liabilities of the personal injury compensation. The concurrence on the liabilities of the work-related insurance and the personal injury compensation is generally taken in two forms: the first form is the concurrence between the liabilities of the work-related insurance and the third party liabilities of the personal injury compensation rather than the employer, and the case analysis is made to illustrate the pattern by which both the liabilities of the work-related insurance and the liabilities of the personal injury compensation can both apply; the second form is the concurrence between the liabilities of the work-related insurance and the liabilities of the personal injury compensation from the employer, and the case analysis is made to illustrate the pattern by which the liabilities of the work-related insurance and the liabilities of the personal injury compensation from the employer can compensate each other.