The Research On Solution Of The Concurrence Of Working Injury Compensation And Personal Damage Compensation

With the accelerating industrialization,the risk of threatening personal security and property safety is increasing rapidly in society,which always bothers our life without anticipation,and affects the quality and standard of life badly.In this situation,we can resort to tort law,letting the responsible undertake liability to compensate our loss.However,for employees,they can also seek working injury insurance for help if it is qualified.When one can both seek personal injury compensation and working injury insurance compensation,it hasn't made a correct and distinct explanation in legislation for how to compensate the injured.Therefore,decisions in the juridical practice are in a mess,which is harmful.As these situations occurred frequently nowadays,it is in urgent need to find a reasonable solution.This essay will discuss this problem in the following four parts,hoping to provide some valuable advice to solve it.The first part emphasizes the birth setting and historical development of this problem.When getting into industrial society,urbanization is accelerating,and labour force is separate from production goods.The type of assembly line production makes employees in the surround of machines.Besides human factors,machines' inherent defects hugely increase the risk of getting injured.Especially entering modern society,mass torts occur frequently,which means it's significant to solve the problem of employees' working injury relief.The mode of working injury relief goes through three stages: the first stage is from 18c60 s to 19c80 s,when working injuries refer to tort law adjustment;the second stage is from 19c80 s to 20c50 s,when working injuries refer to labor compensation system with non-fault responsibility;the third stage is from the second World War to now,the mode of working injury relief is socializing,becoming social security system of work injury.The second part emphasizes the essence,function and value of working injury compensation and personal injury compensation firstly.Secondly,comparing two relief modes in respect of legislation authority,component,compulsory,fault of sufferer,doctrine of liability fixation,scope of application,extent of compensation,procedure,exemption,etc.Then,state four normal modes in the worldwide including choice mode,compatibility mode,substitution mode and supplement mode.Through detailed comparison between two compensation ways and elaborating four normal modes,we want to provide some suggestions for the forth part.The third part emphasizes on analysing legal regulations and juridical practices about these two compensation modes.Though it mainly consider between supplement mode and compatibility mode,which mode should be chosen and how supplement mode should be designed are not clear.Moreover,what the essence of death compensation,disability compensation,one-time disability benefit,and one-time death benefit is,and how the compensation of mental damage compensation calculate,are all in mist.As a result,local regulations and judicial decisions are in chaos and existing many problems.The forth part is about improving advice and relevant argumentation.In the near future,when working injury is caused by employers or the third people,we choose supplement mode,so employees can claim for personal damage compensation including mental damage compensation if working injury compensation is not enough.In the meantime,insurance organization can get back its fund from employers or the third people within their responsibilities.According to the functions and aim of working injury compensation and personal injury compensation,it will definitely protect employees better by taking working injury compensation first and then personal injury compensation.In order to give adequate compensation,higher items should be given to employees.In the long term,in order to relieve sufferers quickly,save judicial resource and increase judicial efficiency,we need to improve the standard of working injury insurance treatment,add mental damage compensation,and then we can choose substitution mode,which will protect employees' rights and benefits more fairly.