On The Coincidence Of Industrial Injury Insurance Compensation And Tort Compensation

This is a highly developed era and an era of frequent accidents.Work-related accidents have also become one of the unavoidable issues.As the society continues to develop,it gradually diversifies the ways in which various kinds of violations are made.The protection of the rights and interests of laborers involves not only the protection of individual private rights,but also the production and construction of society.Workers who suffer industrial accidents can enjoy the benefits of work-related injury insurance according to the law,but in some cases,the work-related accidents suffered by workers are caused by other people's infringements,especially in recent years,the scope of laws to identify work injuries has been further expanded.At the time,the laborer can request compensation for work-related injury insurance according to the work-related injury insurance system,and can also claim damages for tort damages according to the tort damage compensation system.In this case,the two parties have entered into a co-opetition.After the occurrence of the co-opetition,how the workers get compensation and the amount of compensation received are disputed in both theoretical and practical circles.How to protect workers and how to balance the interests of all parties are all issues that must be considered in the design of related systems.This article is based on China's national conditions,based on reading a large number of relevant literature,combined with China's current trial practice to try to solve the problem.The first part reviews the evolution of the work-related injury relief model,compares the difference between compensation for work-related injury insurance and damage compensation for infringement,and analyzes the reasons for the co-occurrence of the two.The second part introduces the current situation of China's legislation and the judiciary.Through sorting out the laws and regulations of China and the related judicial interpretations,we can find that China's current laws have ambiguous rules on the issue of co-occurrence,and even have self-contradictory conditions.The ambiguity in the provisions of the law has led to confusing local regulations.At the same time,through the two trial cases,the judging standards for the competing issues in China's judicial practice are not unified,and the phenomenon of different judgments in the same case is not uncommon.In the third part,the four models(substitution mode,selection mode,concurrent mode,and supplementary mode)of foreign competition for this issue areintroduced.Through the analysis and comparison of the four modes,we can draw useful lessons from our country.The fourth part puts forward suggestions to perfect the mechanism of compensation for work injury insurance compensation and infringement damage compensation in China.