Legal Responsibility Analysis Of Work Injury Caused By Employer 's Infringement

The tort liability has its own particularity when the injury suffered on the job (referred to as’job injury’ in the following) happens because of the employer’s tort. On the one hand, the employer should bear the job injury responsibility with the administrative institutions of industrial injury insurance. On the other hand, the tort liability should be assumed by the employer. It is the most special aspects when the job injury happens because of the employer’s tort.The processing methods are different in the areas of legal practice when the job injury happens because of the employer’s tort. The employers often pay the one-time compensation for their civil liability because of the lack of labor contract. The job liability has replaced and repelled the tort liability because of the clear labor relation.The scholars in China have their own opinions about the problem. And there are three opinions in the main. The first one is that the tort liability should be replaced by the job liability; the second is the tort and the job liability apply together; the last opinion is that the job liability is precedent, and then the tort liability supplements the injured workers’ rest damage.The job injury liability and the tort liability are not co-opetition with each other. The former has its own society law attribute, and the latter also has its private law attribute, they are both can be implemented without coming into conflict. The job injury liability is not replaced by any other, the tort liability is wanted by the workers’ own opinion.The identification of the law liability is for the better succour. The comprehensive succour principle, the timely succour principle, the principle of unconditional application of job injury liability and the principle that the tort liability is selected by the worker themselves should be applied when the job injury happens because of the employer’s tort.