Legal Analysis Of Work-Related Injury-Taking The Case Of Liu Shuai

For the modern industrial society, the occurrence of work-related accident is inevitable, and once happens, it will bring great harm. That how to carry on the compensation for the damage caused by the work-related accident relations to individual laborers and their family’s survival and development and relations to the development of social stability and economic prosperity. So work-related injury compensation system should be evaluation from two aspects of laborer and social.To establish and perfect work-related injury insurance system, has become a problem of common concern to countries.But due to the differences of national political, economic and cultural, work-related injury compensation system is also different,especially for the Industrial injury cases caused of torts,damage to employees can obtain compensation in accordance with the civil law,also can get insurance compensation according to work-related injury insurance regulations.At present there are mainly four modes in foreign legislation pattern, such as select mode, exempt mode, both model, compensation mode. In China the current treatment of work-related injury with the concurrence of tort cases is not clear for applicable law. In theory and also in practice different understandings and controversies led to a similar case in different regions and even the same area exists different judgment..In this paper, through a specific case of Liu Shuai, whose work-related injury was infringed by the third person. According to "Regulation on Work-Related Injury Insurances" and tort damages, Liu have got the compensation. But on the problems about medical treatment compensation, the court adopted Liu’s medical bills has been borne by Liu’s company and the settle ticket has been recorded in Work-Related Injury Insurance Institution. So the court confirmed there is no loss of medical treatment expenses. Therefore, to Liu’s claims of medical expenses compensation for Infringement by a third person, the court did not deal with. After the verdict, part of the medical costs unable to be reimbursed, lead to the compensation for loss can’t completely fill the loss (mainly the medical costs). In this paper, combining the legal principle and the legal provisions, through the analysis of the concurrence of the Work-Related injury insurance compensation and tort damages compensation, I come up with the legal opinion about the system of advance compensation of Work-related Injury Insurance compensation, the right of recovery of insurance fund reserve and the compensation of beyond the loss of treatment of Work-Related Injury Insurance.