Processing Modes Of The Concurrence Between Industrial Injury Insurance And Tort Liability Compensation

With the development of society, industrial injury accidents has becomesocial problems, which are inevitable and noticed in the modern society.Howto deal with industrial injury accident properly, is not only related to thelaborer's benefit, enterprise management, sustainable economic development,but also influence the stability and harmony of the society. In order to solvethis problem, industrial injury insurance system was born. But as the soundand perfect the legal system, personal injury treatment of industrial injuryaccident appeared multiple compensation mechanism, which formed theconcurrence between industrial insurance and tort liability compensation.This paper with three typical cases as an entry point, raises a question aboutthe concurrence between industrial insurance and tort liability compensation, studies cases and basic concept, compares the model of concurrence, analysespresent situation of legislation in China, raises opinions that differentprocessing mode should be chosen according to different subject of industrialinjury accident, and gives advice on this problem.This paper is divided into four sections, the main contents as following:The first section: Raise questions. This section clarifies the importantsignificance of this research project through the different outcome of similarcases in different court.The second section: Four processing mode of industrial injury insuranceand tort liability concurrence. This section explains four models andcompares their advantages and disadvantages.The third section: Selection of processing modes of industrial insuranceand tort liability compensation in China. Different model should be chosen,according to the subject of the tort which is intent or gross negligence,employer caused accident or the third person caused accident.The fourth section: The advice about completing the system ofconcurrence between industrial insurance and tort liability compensation.Find out the existing problem through analyzing today's situation inlegislation in China. Legislation should be improved and industrial injuryinsurance systems should be established. So that laborer's rights and interests can be protected.