| In judicial practice,after the employer infringes on the right to work,the workers suffering from work-related injury can only enjoy the compensation of work-related injury insurance.In many cases,due to the limited coverage of work-related injury insurance compensation,strict and inflexible application standards,and the lack of relief for mental injury of workers,it is impossible to form a comprehensive and sufficient relief for workers.On the one hand,there are many differences between industrial injury insurance compensation and tort damage compensation,which are not mutually replaceable;on the other hand,compared with the industrial injury concurrence processing mode other than the employer’s tort,it is unfair and reasonable for the employer to adopt a single alternative mode.At present,the mode of concurrence does not consider the fault of the employer,which leads to the same responsibility to the workers regardless of whether the employer has fault in the occurrence of industrial accidents.Therefore,it is necessary to explore a more reasonable mode to deal with this type of problem,so that the legitimate rights and interests of workers can be fully and fully remedied.First of all,establish the basic treatment principle,and forbid the workers to obtain additional benefits while fully protecting their rights;second,judge whether the employer is at fault for the occurrence of industrial accidents;if the employer is at fault for the occurrence of industrial accidents,it shall bear the corresponding legal responsibility and adopt the mode of both;if the employer is not at fault for the occurrence of industrial accidents,When the worker suffers ordinary personal injury,he shall bear the supplementary liability in addition to the compensation of work injury insurance;when the worker suffers more serious personal injury,he shall be entitled to claim compensation for mental injury,and the employer shall make appropriate compensation. |
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