Compensation For Compensation For Work Injury And Compensation For Infringement Damage

Industrial injury insurance compensation belongs to the category of social securityfor the relief of industrial injury worker. Tort damage compensation belongs to the civiltort compensation for industrial injury victims. Both protects workers from differentangles, on both the applicable, in the practice of different approaches directly affects thedegree of the laborer to obtain relief. As part of the workers, migrant workers due tosystem problems and their reasons in this industrial injury against occupational diseaseoften can not get effective remedy. The author based on problems present situation inChina, with the method of comparative analysis, according to whether the employers payindustrial injury insurance for migrant workers injured, puts forward new compensation ofindustrial injury insurance and tort damages the applicable rules. In the case of theworkers has been insured, prior application industrial injury insurance compensation. Inthe presence of the employer have subjective fault suit “supplementation mode”. Analysisof five kinds of legal relationship exists in the third infringement. And analyzes whethercan claim compensation for mental damage. Last, according to the particularity of thesubject and put forward the way to solve the problem of migrant workers occupationaldisease from different angles. This article is divided into five chapters:Chapter One, Interpreting Law by Case——Haichao Zhang “Thoracotomy LungExamination”. This chapter first quoted Zhang’s case, then elicit the definition of migrantworkers, occupational injury insurance compensation, tort damages and other relatedconcepts.Chapter Two, Occupational Disease Status of Migrant Workers and the Reasons forthe Problem. This chapter first analyzes the status of migrant workers occupationalproblems, study of existing laws for the protection status of the problem. Then analyzedof the other reasons of this phenomenon.Chapter Three, The Applicable of Industrial Injury Insurance Compensation and Tort Damage Compensation. This chapter begins to study of practice applicable to the statusquo by a case, then from six different angles compare the two. Then comparing andstudying the applicable models in domestic and international,comparative studies major attheir respective strengths and weaknesses.Chapter Four, China should Adopt the Model and Reasons. This chapter basis ofprevious analysis, the author put forward my view that China should follow the specificcircumstances whether to participate in industrial injury insurance to apply differentprocessing modes, and make a brief analysis of the issue of compensation for moraldamage.Chapter Five, In Other Areas to Protect the Occupational Interests of MigrantWorkers. This chapter separately from the government’s responsibility, employerobligations and migrant workers themselves proposed related initiatives to safeguard theirlegitimate rights and interests.