There are two ways to solve the problem for labors who are injured by workaccident, they are employment injury insurance and tort compensation. In modernsociety, different countries use different ways to solve the problem of the injuredlabors. As one of an important part of social security, employment injury insuranceprovide the common and basic social insurance. At the same time, it sharesresponsibility for business. Employment accident compensation for tort damagesystem provide complete compensation, and it can muster the active of the enterpriseto prevent the occurrence of the work accident.In a certain society, the more employment injury insurance develop, the lessinjury accident compensation develop. The development of social insurance canprovide strong protection for young people and defend their basic live condition,meantime tort litigation seems less important. But in our country which lack basicand force employment injury insurance, the standard of compensation cannot satisfythe necessary of injured worker. It lead to many injured worker cannot win theprotection of the employment injury insurance or gain less compensation, and cannotpunish the enterprise who make mistakes. So employment accident compensation fortort damage.The article is formed at the analysis of employment injury compensation for tortdamage, it stands for select additional model, it means the injured worker can selectthe ways, if they select one way, but it cannot satisfy their compensation, they couldselect another way. And if the enterprise compensate the injured worker, they canobtain the compensation of the insurance. The purpose of the article is to look for abest way for injured worker when work accident occur.
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