Analysis On Liability For Work Accidents

It has been a serious social problem since industrial revolution that employees suffered occupational injures and their existence of living rights would be threatened. As a result, the institutional reforms have been carried out which causes many questions. This article tries to give comments on the following matters.Compensation for work accidents has changed from objection of liability principle to socialization of compensation for damages, so, this change has resulted in three theories of features of liability. On the basis of rational core of the theories of insurance for work accidents, tortuous acts and dual features , the article gives a conclusion that the work accidental liability, as a special to tortuous relationship in essence, protects the employees' existence of living rights from injures. At the same time, because of the special features of work accidents, the essay quotes the regulations of insurance for work accidents.There are different ideas of liability principle of work accidents liability. Comparing with the others, the "NO-Fault" liability principle response to the essence of the special tortuous acts of the liability of work accidents, so., it occupies the theoretical and professional domains. After analyzing the basis and justification of liability principle, the essay insists that major conditions of liability principle consists only of facts of damages and cause-result relationship.The relationship of insurance liability and tortuous liability affects the parties concerned heavily. The Relieving that the insurance liability substitutes for tortuous liability is often blasphemed. The Election that the parties choose one principle from the two principles has been given up. However, the Supplementation is considered as rational facially, but it looks down the value of human in fact, and induce many embarrassed situations in practice, and so on. The Cumulativeness that insurance liability and tortuous liability are used on the same work accident together should protect the existence of living right of injured employees and punish the intentional tortuous and serious negligent acts, and reduce the cost of the community further runs.