Comment On The Employment Injury Insurance Treatment Such As Mr.He's Suing Of A Subdistrict Office

With the development of modern industrial society,the incidence of employment injury accidents has been high,among which the injury caused by the third party's tort is an important factor that cannot be ignored.After the employment injury accident caused by the third party's infringement,there are no clear regulations about the third party's infringement compensation and employment injury insurance compensation relationship issues.There is a great controversy on this issue in the theoretical circle.Scholars have different opinions,like the combination mode,complementary mode,choice mode,alternative mode and mixed mode.In judicial practice,the treatment of this problem is also inconsistent.The judges mainly adopt the combination mode,complementary mode and mixed mode.At the same time,there are problems in the case of employment injury insurance compensation and commercial insurance compensation.Most scholars think that the commercial insurance is complementary to the employment injury insurance,but most judges think not.These problems are related to the vital interests of the laborers and the employment risks of employers,which are related to the harmonious development of the society.Mr.He's suing of the subdistrict office is a typical case about the employment injury accidents caused by the third party's tort.There are two points of contention in this case after analyzing.Point one,Whether the laborer can get double compensation in the compensation cases of employment injury accidents caused by the third party 's infringement.To this point,this paper analyzes the legal value and function,the principle of imputation,the scope of compensation and the standard of compensation for the compensation of tort and injury insurance and collects the relevant laws and regulations and cases.Finally,this paper concludes that the mixed mode should be adopted.Point two,the contention of the nature of the commercial insurance bought by the employers for the laborers.This paper analyzes this question from the relationship of the nature of employment injury insurance and commercial insurance and discusses revolutions to the problem in the judicial practice.Finally,this paper concludes that the commercial insurance is complementary to the employment injury insurance.Combined with the case,the author puts forward his own opinion.The author hopes to protect and balance the rights and interests of the laborers' compensation in the employment injury accidents cases that caused by the third party's tort,establish and develop the mechanism of commercial insurance to supplement employment injury insurance to share social risks,promote the development of a multi-level social security system.It's of great significance to the social harmony and stability.