The Study Of Employer's Liability Insurance

As the development of industrialization and the society improvement, industrial injury unavoidably becomes one of the social problems that often happen. Industrial injury will not only directly affect the survival assurance of employees, but also will indirectly affect the development of economy as well as the stability and safety of the society. Therefore, how to effectively control and solve losses from industrial injury would be one of the most beneficial subjects to the society. Since the reformation in China, the power of government gradually reinstalled and the companies gain more freedom. At the same time as economy develops, more and more industrial injury cases happen and it is necessary to establish an effective system dealing with industrial injury and relevant compensation issues. The"Insurance Regulations of the Industrial Injury"is established in 2004 in China as the development of industrial injury insurance. However, as part of the social security system, industrial injury insurance could not compensate all the losses of industrial injury. So the employer's liability insurance becomes a very important supplement and works very well for the industrial injury; employer's liability insurance is adopted in many of the countries in the world. Restricted by the legal, social, economical environment and the public self-protection consciousness, the employer's liability insurance started quite late and developed relatively slow in China. The primary aim of the article is to discuss how to develop the employer's liability insurance so as to establish an effective industrial injury compensation regulation in China.This article firstly discusses some basic theories about employer's liability insurance. Secondly, employer's liability insurance rules are compared with industrial injury insurance rules. Then it is concluded through difference analysis that the employer's liability insurance is not replaceable and has its initial market requirements. On the basis of the conclusion, the article also discusses about the development and improvement for the employer's liability insurance in China.This article contains four chapters:Chapter one generally describes employer's liability insurance: introduces the basic definition of employer's liability insurance; states three important definitions related to employer's liability and the further meaning of employer's liability insurance.Chapter two discusses the liability basis of employer's liability insurance. Based on the development process of tortious law liability principles, this chapter discusses the development of employer's liability insurance and its liability basis as well as the mutual effects between this rule and the tortious law. This chapter is the basis for the detailed discussion of relevant regulation in chapter three.Chapter three compares the employer's liability insurance and relevant regulations. Firstly, comparing employer's liability insurance and industrial injury insurance, they are separately classified as commercial insurance and social insurance in character: the employer's liability insurance is designed to spread the employer's liability risk and the industrial injury insurance is designed to maintain the employee's basic survival rights. The character differences lead the regulation designing differences. Secondly, comparing employer's liability insurance and group personal accident insurance, both of them belong to commercial insurance, but classified in details, they are property insurance and personal insurance. The application scope of insurance law leads the regulation differences between them. This chapter also discusses the handling methods for the coincidence between employer's liability insurance, industrial injury insurance and personal accident insurance, which has very practical contribution to the daily insurance operation. All the comparisons in this chapter show that the employer's liability insurance should not be replaced.Chapter four introduces the designing and development of the employer's liability insurance in China. Firstly, some serious problems of safety work and the current development situation in China are introduced; and the reasons for the lagging of employer's liability insurance in China are stated. Secondly, relevant designing methods are discussed– it is not necessary to establish employer's liability insurance by force in China; but necessary to make employer's liability insurance and industrial injury insurance supplement to each other, using the advantages of the flexibility of commercial insurance so as to provide better assurance for the employees. Thirdly, for the insurance scope of employer's liability insurance, this chapter also discusses that the insurance items such as employer industry injury insurance not included the industrial injury insurance, vicarious liability of employers, employer property loss liability, employee non-professional diseases etc. should be included in the employer's liability insurance, which is beneficial for attracting employers issuing insurance; improving employer's liability insurance development; spreading employer's liability risk; increasing business safety; improving economy development; and very well assuring the benefits & rights of employees. Also, this chapter gives some recommendations for designing and developing relevant regulations that could help improve the development of employer's liability insurance.The creative discussions in this article could be analyzed as:1.On the basis of China practical situation, establishing employer's liability insurance by force is not recommended. As industrial injury insurance is the basic insurance method for industrial injury and the commercial character of employer's liability insurance that could be the supplement of industrial injury insurance, they could be integrated together so as to create an effective industrial injury assurance system.2.Gives improvement recommendations to the current employer's liability insurance in China. The insurance items such as employer industry injury insurance not included the industrial injury insurance, vicarious liability of employers, employer property loss liability, employee non-professional diseases etc. should be included in the employer's liability insurance, so the flexibility of commercial insurance could be actualized and the disadvantages of current industrial injury insurance could be fixed. Meanwhile gives improvement recommendations for relevant regulations that could help improving the current employer's liability insurance, such as establishing"Employer's Liability Insurance Law", improving relevant Laws and Regulations, introducing and improving industrial injury preventative system, establishing and improving reinsurance system etc.