Research On Treatment Of Insurance Against Work Injury And Third Party Compensation For Infringement Concurrence

When the laborers from the third person other than the employer violations of an industrial accident, accidents at work responsibility will have the dual nature of the work-related injury insurance claims and tort damages competing situation. Workers based on work-related injury insurance relationship of social security institutions or the employer’s compensation for industrial injury insurance claims, but also a right to damages based on the the creditor relationship infringer personal injury cases in both. Well, when compensation for work-related injury insurance and tort damages competing, how selective application, which not only affect the injured workers awarded rights and fairness, but also directly affect the authority of the law. Competing countries to address work-related injury insurance claims and tort damage compensation from the extraterritorial experience point of view, mainly the formation of the four modes of relief and supplementary mode selection mode, dual-mode, replace. Exactly what remedies suitable for our country, by analysis of the theoretical level of compensation for work-related injury insurance and tort damages and compare, compare both differences in value orientation, the legal nature of the constituent elements and imputation principle and many other aspects. Of different historical periods listed and analysis of legal documents, shows that the current legislation did not directly and effectively solve work-related injury insurance claims and tort damage compensation issues when competing, the two competing processing there is no uniform clear legal provisions. The lack of legislation and judicial interpretation of vague, resulting in practice, there are many confused, resulting in the administration of justice scales are not uniform, greatly damaged the the judicial public trust and authority, theoretical circles there is considerable controversy. Correctly handle the relationship between the two, that is, we should build industrial accident relief mode:third party harm behavior of an industrial accident caused by work-related injury insurance claims and compensation for infringement competing, in principle, should be allowed to injured workers based on injury insurance claims and damages for infringement claims " double Indemnity ", but the victim only a form of compensation to be addressed, it can have both mode called " selection mode on the basis of the loss of part of the property "."The necessity and inevitability of this mode is selected, it is our objective at this stage and the economic development level of civil law is in line with the principle of fairness, the pursuit of social justice and legal soundness. Have both mode does not mean that all compensation projects can have both, but the loss of property due to work-related accidents injured party can only enjoy once should not be repeated in favor of, or such as allowing double claims will make injured workers therefore have additional revenue, contrary to the purpose of social insurance and tort law compensation; the personal accident damages even if the injured workers have full civil compensation, still advocate the treatment of personal injury insurance, which can double advocated, Therefore, this mode is selected on the basis of both human mode. In addition to medical expenses is primarily the responsibility of infringing third party payment, the loss of other property, the affected workers the right to choose the manner in which the first relief.