Study On Compensation For Employee's Personal Injury

Since the industrial revolution, with the constant upgrading productivity, the employee injury rate also rose sharply, and this not only brings the whole community tremendous losses, but also gives the victims and their relatives physical and mental suffering. This article based on the Personal Injury Compensation Judicial Interpretations and the relevant cases to discuss the history of the legal system, concepts, and which law is applicable to explore the issue. We made a number of recommendations and hope to resole the relevant problems.Except for the introduction and conclusion, the paper can be divided into four parts:Chapter one: By analysis the enormous impact caused by industrial employees physical damages in the industrial society, we recall the relevant measures about the employees' physical damage taken by the capitalist countries. We particularly discussed the measures taken by American. Then we analyze the historical background of the relevant legislation in our country.Chapter two: This article is mainly based on the existing law to resole the problems about how to have a correct understanding of the concepts relating to the employees' personal injuries. First of all it makes a powerful discussion about how to understand the employee based on the latest judicial interpretation on the matter. And we re-establish a correct understanding of the employee. Second, this article discusses the concepts of the personal injuries of the employee and the industrial injury. Third, this article makes a useful distinction on the employment contract and contract workers, labor contracts, labor contracts, civil contracts and other relevant easily misunderstood concept.Chapter three: This part based on the full understanding of the typical cases, we conclude the imputation principle and elements of the employees' personal injuries. Chapter four: By analysis the problems happened in the judicial practice, we raised the issue of the relevant solutions.