Industrial Injury Insurance And Tort Compensation Study Of The Concurrence Of

In the judicial practice, in addition to laborer oneself fault causes the damage, there may be the employer or the third party causing injury case." The Supreme People’s Court on the trial of personal injury compensation case applicable legal interpretation"(hereinafter referred to as" loss explain") eleventh stipulates that employers in employees due to work injury case, shall bear civil liability; however, the provisions of paragraph three, belong to" industrial injury insurance regulations" provisions, not applying the provisions of this article. So, how to protect the rights of injured workers, in industrial injury insurance compensation, can also request the infringer to assume the tort liability; the injured workers receive civil tort compensation after also can apply for work injury insurance compensation?The main contents of this article consists of four parts, the first part of the status of tort compensation for work-related accidents for the full text of the research foundation, through a list of relevant laws and regulations, identify current problems in application of the law. The second part analyzes the principle of attribution of workers’ compensation and tort principles of compensation attributable to the relationship between the compensation system and two competing cases, competing claims for the proposed two theoretical basis for the processing mode. The third part is the full text of the focus, through a variety of views and analysis of the status of justice, work-related injury insurance compensation and tort compensation system improvement program competing. Mainly from three aspects described, on the one hand through the analysis of the views of scholars to discuss the processing mode for China’s national conditions, in particular, to distinguish between work-related injuries occur on the employer fault and whether the existence of a third person at fault, different The situation can use different modes; the other hand, the employer did not discuss the purchase of insurance or injury related injuries when the injury does not apply for relief workers; the third, put forward a third of the employer or the existence of fault and damage heavy injuries accident damages applies spirit of exploration. The fourth part is the conclusion.The main viewpoint of the article is, the author thinks that when the laborer encounters occupation harm, can enjoy work-related injury insurance compensation; if it is because of the unit’s fault or the third party’s infringement behavior led to the accident, the employer or the third person of worker makes the civil tort, the worker may to the employer or third party request civil tort compensation. This occurred on the right of claim problems. Right people should exercise the right, in accordance with the procedures to protect their rights and interests, the judicial practice should how to give workers a full relief, which is currently a work injury case in urgent need of great theory and practice problem. We should be combined with the actual situation of our country, build accord with the situation of our country’s legal system, to better safeguard workers personal interests, in the current actual condition and under a system of law, to find the optimal pattern or model portfolio, reduce, reduce the occupation harm caused to labourers effects.The innovation of this article is that, through the typical case involving tort injury accidents and accidents compensation present situation analysis, discusses in the work injury insurance compensation request right and civil tort compensation request right coincidence condition, on the injured workers receive injury insurance still exists after failing to fill the loss should be how to carry out relief? When the employer finds that the application is not work-related injury, workers and close relatives of casualties due to various factors is not made within one year of application for determination of injury, after a one-year period the erosion of their rights, how to remedy? Article hopes to study such issues and find solution for the administration of justice to provide a reference and a reference.