The Study Of Applicable Relationship Between Workmen Compensation Policy And Personal Injure Compensation

With the development of employment injury system, there existed a composite compensation system among workmen compensation policy, personal injure compensation and Occupational Injury Insurance, which are interrelated and interact on each other. Among them, industrial injury insurance compensation and compensation for personal injury is the most fundamental and most important, how to establishing an applicable relationship between the two directly related to the value orientation and the functional selection of employment injury system, that is just the reason why it always come into academic circles'notice with its significance. The study of applicable relationship between workmen compensation policy and personal injure compensation is the weakest link in th academia, as scholar still hasn't ever got a unanimous agreement, The research on applicable relationship between workmen compensation policy and personal injure compensation has importance for its further development. Based on the deep research on the fundamental theory, the thesis inspect applicable relationship between workmen compensation policy and personal injure compensation, compared the four major applicable mode. The author also share his view on how to establish a applicable relationship between workmen compensation policy and personal injure compensation, try to give some helpful exploration in workmen compensation policy relief system.The workmen compensation policy is a fund for work-related injury insurance implement the mandatory provisions of the country, a social security system which can give the economic compensation when the worker got a injury incurred while working, with its incomparable system value, becoming the core of industrial injury relieves a system. It went through three stages of development as Liability of fault for employer, liability without fault for employer, and the third one is the workmen compensation. As work-related injury has dual natures of employment injury insurance and civil tort, a injured employee could claim for a compensation from either agencies approved by injury insurance (or the employer) or the employer (or a third person's tort), the two different compensation claims applicable to different social law jurisdictions and private law jurisdictions, subject with indemnifying obligation and methods of bearing civil liability may be diverse. Meanwhile, as other divisions existed in Legal Relationship, value and function of legal, criterion of liability, the range of compensation and criteria, it's not wise for us just choose and absorb, They complement each other and make up the integrated employment injury relief system togetherWhen we deal with the applicable relationship between workmen compensation policy and personal injure compensation, there are four modes, choosing, replacing, completing and cooperating, which have their own characters separately. Choosing is a mode of privilege but less of feasibility, injuries will be compensated efficiently under the replacing mode, which is accordance to the purpose of establishing a such workmen compensation policy, but it couldn't compensate fully, and this will be not good for preventing injury of. Completing mode balanced the benefit of injuries and employers. it can compensate the workmen fully,but a bit waste of time. As injuries could claim for double compensation, mode of cooperating make person to be insured to the full extent, however, in the other hand, place weight on employer deeply, variety of reasons and diffusion of responsibility when injury happens are the prerequisite of Modes aforementioned. All these remind us of considering the conditions when the injuries happens, it is necessary to adopt more methods instead of paraphrasing one mode.Now, about the applicable relationship between workmen compensation policy and personal injure compensation, there are simple provisions in "Labor law", "the occupational disease prevention and the use of toxic substances in workplaces protection ordinance", which is not perfect.clear, less of maneuverability, and need to be improved.To streamline the relationship between compensation for work-related injuries and the compensation of personal injury, and truly complete relief system, China should fully draw on integrated treatment model for relations, that is replacement mode when companies are not at fault, added when companies are at fault, both-have model when the third party infringement, and tort liability model when the employer did not participate in work injury insurance. The model is on the basis of four treatments, starting from safeguarding the rights of workers, taking into account the employer's business hours spread risk, achieves the target of filling damage, spreading the risks, prevention and sanction. It distinct from work injury occurred on the basis of the specific circumstances, to give priority to the principle of compensation for work injury insurance.