Injury Insurance And Tort Damages Applicable

From the 18th century, when the global expansion of mass production of machinery replaced hand workshop production, the expanding and inevitable work injury affected social stability and development. The prevention of work injury and the relief of injury suffered by the workers effectively became to be the world's concern. With the advance of China's industrialization process, work injury problem has become more obvious, urgent need for legislation to be adjusted.Modern labor damages system is constituted by injury insurance, tort damages and other legal systems. The core problem is how to deal with the relations between industrial injury insurance and tort damages in the application of labor damage. There are four work injury compensation system model in the world, showing different value system. The theoretical point of contention is which model should be referenced to adapt to the realities of the need of our country.After analyzing the different between insurance system and work injury damages tort system pattern of four injury damages, the author consider we should complement the model proposed combined with the practical needs of China's national conditionsPaper is divided into three parts.The first part is an overview of work injury compensation system. First, this part defines the extent of damage, then the dual attributes of the work injury were analyzed. The foothold for the article is the truth that work damages can be relieved by request reimbursement of the work injury insurance benefits or by tort damages. Then this part analyse the effect of work injury compensation tort and insurance in different social and historical background in the clue to the principle, and pave the way for find out real needs of social environment in China.The second part is the analysis on theories about injury insurance and personal injury compensation.Then this part explain the meanings of competing of them from the standpoints of practical necessity and possibility of theory. Both injury insurance and tort damages have functional advantages and disadvantages. The world's common practice is to use multi-system between the two applied to achieve complementary effects. Currently there are four modes to handle the relationship between them. The analysis of the merits and defects of the four modes will be the foundation of processing the relationship between tort damages for reference.The third part is intended to build industrial injury compensation processing mode between injury insurance and tort damages. At first this part analyse the problems of industrial injury damages remedies in practice,and consider that the third modeled system of work injury compensation system is more consistent with the reality of our social environment needs, followed by how to coordinate the relationship between industrial injury insurance and personal injury compensation.