| Workers injure caused by accidents due to a third party other than the employer violations is a special type of accidents. It should be adjusted between labor law and civil law. Therefore, injured worker can apply for compensation for injuries and request infringement damages. However, when the two competing claims, it is still undefined how to deal with the liability of these two relations at present in China’s laws. It results in very different local regulations, according to their form of economic development, inheritance practices in their respective regions, and local regulations for their respective regions. It is possible that judicial practice codefendant different sentence have occurred, which seriously damages the unity of justice and authority, and influence the social equity and justice. Author of this article analyzed what she encountered in practice with other local representative of the ruling, compared the various countries of the world, and learned from a representative processing mode with China’s current legislative and judicial status. Given the current, industrial injury Low insurance compensation amount to the actual situation, author proposed supplementary compensation mode which is suitable for China’s national conditions. This modified model and supplementary compensation model is identical from other countries. Tort liability and workers’compensation in reparation unique project can not deductible, and you can have both.This paper is divided into four parts:The first part provides the problems based on the typical case analysis. Through three cases with the same nature but different result, the author asked questions, namely infringement of third-party injury insurance accident as to how to take responsibility and to ask questions when two competing claims.The second part is a comparative analysis of current domestic accidents caused by third-party infringement different processing modes, Firstly,domestic practice was sorted in three main compensation modes:dual-pay mode, the total amount of makeup mode, making it the project; and a comparative analysis of foreign. Secondly, four main treatment modes was systematically compared:alternative compensation mode, select compensation mode, the Supplementary Compensation mode, and both the Compensation mode. The advantages and disadvantages of each mode of compensation for the proposed supplementary compensation model was analyzed one by one carefully on the basis for China’s national conditions.The third Part analyzed the current legal framework and third-party compensation for infringement of current-legislation when competing with workers’ compensation from the national level and local level. National level legislation does not clearly defined, and the term is unknown when it comes to this issue, resulting in different local regulations, inconsistent compensation models. Our current national legislative situation was analyzed, mainly in three aspects,including the compensation model is not clear, the compensation project is not uniform, and the lack of recourse system. Improved proposed applicable supplementary compensation model provides theoretical support.The fourth Part made it clear that, when the third party tort and workers’ compensation competing, improved supplementary compensation model should be used. In addition, the legal system should be established and improved to adapt to supplementary compensation mode. The author also analyzed the applicable supplementary compensation model modified reason, in line with the dual accidents property, with sanctions and preventive function of tort liability law, with social justice, and with China’s national conditions. At the same time, a clear relationship between the two compensation was unified. Establishment of recovery system to ensure adequate work injury insurance fund was proposed to end different sentence of embarrassment at the source, and to make the real life with the same price and equality before the law to come true. |
PDF Full Text Request