On The Concurrence Of Injury Insurance And Accidental Injury Insurance

With the continuous development of China’s social economy and the improvement of risk awareness of enterprises and individuals,insurance companies are also constantly expanding and refining the scope of insurance.Some enterprises purchase personal accident insurance serves as a reward for employees and once again purchase work-related injury insurance for employees without compensation,or employees buy accident insurance for themselves while they buy Industrial injury insurance for themselves,so as to have more insurance Protection,and even some enterprises only buy accident insurance for employees,trying to replace the payment obligation of work-related injury insurance.Although industrial injury insurance and accidental injury insurance belong to two categories of social insurance and commercial insurance,there are inevitably overlaps in the specific items of compensation.When the employees encounter accidents in the process of work,They can request compensation from work-related injury insurance or claim compensation from commercial insurance,there are no clear regulations on the processing rules of compensation concurrence of industrial injury insurance and accidental injury insurance,and the relevant policies issued by local governments are also lack of unified standards.The phenomenon of different judgments in the same case occurs frequently,which affects the unity and authority of the law,and can not better protect the legitimate rights and interests of workers and balance the relationship between social insurance and commercial insurance.Therefore,it is very important to clarify the concurrence of compensation and payment.This paper intends to discuss the concurrence of compensation of industrial injury insurance and accidental injury insurance from the following five parts.The first part deals with two different cases of compensation concurrence of industrial injury insurance and accidental injury insurance,and leads to the problems in legislation and practice embodied in the cases.That is,there is no clear legislative provisions on insurance concurrence in China.In recent years,the issue of compensation concurrence of work-related injury insurance and accidental injury insurance occurred frequently in recent years,which began to attract the attention of academic circles.However,due to the lack of clear legal provisions,It is still difficult for my country to reach a unified opinion on the specific payment rules of the two compensation competition.There is also a lack of uniform standards for the relevant policies of the insurance companies,which leads to the phenomenon of different judgments in the same case.The main task of the second part is to analyze the jurisprudence of the two competing claims.This part starts with an overview of the two kinds of insurance,and then analyzes the relationship between industrial injury insurance and accidental injury insurance from the different legislative purposes,different legal relations,different operation mechanisms and different compensation scope and normal.Lastly,It analyzes the right to claim compensation for work-related injury insurance and the right to claim compensation for accidental injury insurance enjoyed by workers with work-related injuries(also called the insured).It is concluded that the concurrence of claims system is more suitable for the problem of compensation concurrence of industrial injury insurance and accidental injury insurance.The third part focuses on the analysis of the reasons for the concurrence of compensation of industrial injury insurance and accidental injury insurance.First of all,this paper analyzes the deficiency of the current legislation,and then analyzes the problems existing in the current legislation by elaborating on the application scope of the principle of compensation for loss,the meaning and handling rules of insurance concurrence,the scope of application of double insurance system and whether there is an unclear attitude towards insurance in the third field.Secondly,it analyzes the problems existing in the current legislation through the lack of practical operation Insurance information is not clear and commercial insurance terms are not clear.From the two aspects of legislation and practical operation,this paper expounds the causes of the concurrence of compensation and payment.The fourth part focuses on the treatment of insurance concurrence according to the principle of loss compensation.This paper first discusses the insurance concurrence system under the principle of loss compensation,clarifies the application of the Principle of compensation for losses compensation to accidental injury insurance with both personal and property attributes,which is of great significance to solve the problem of compensation concurrence between the two.Then it analyzes whether the accident insurance is applicable to the principle of loss compensation,The point of clarifying the principle is applicable to accident insurance is to clarify the accident Classification of injury insurance.The fifth part discusses the inductrial injury insurance and accident injury insurance compensation co-opetition path to resolve the problem First part discusses accident injury insurance for loss compensation principle of necessity and possibility of clear for the insurance accident by the behavior of the third party accident injury insurance of medical treatment cost,be reimbursed;Secondly,from the classification of insurance contracts,the classification of insurance contracts in legislation should be reconstructed.Finally,the relevant legal system of insurance competition should be improved,the concept of insurance competition and its applicable scope should be defined,and the insurance industry association should formulate compensation standards and relevant clauses In the long run,in order to help workers quickly and efficiently,save judicial resources and clarify the competition and cooperation of compensation of industrial injury insurance and accident injury insurance,it is helpful to coordinate the relationship between social insurance and commercial insurance and make them play their respective roles.