The Relational On Industrial Injury Insurance Compensation And Damages For Infringement

Since the 18th century, with the rapid development of industrial society, the expansion of work-related injuries and extent of damage to the deeper into the inevitable problems affecting the social stability and development. Prevent the occurrence of injury damage, effective relief workers who suffered from damages as the world's concern. With the advance of industrialization, industrial injury damages issues are also increasingly prominent, and the urgent need for legislation to be adjusted.Modern Industrial Injury Damages Compensation system is the institutional system which consists of Industrial Injury Insurance Compensation, Tort Damages Compensation and other legal systems , the core issue is how to deal with between the relation Industrial Injury Insurance Compensation and Tort Damages Compensation when the remedy for damage. Currently, there are four work-related injuries damage the relief pattern, how to learn from these four models, to build the line with China's national conditions and needs of the relational model about Industrial Injury Insurance Compensation and Tort Damages Compensation, the focus of controversy among scholars.Through analysis of the requirements and processing about the problem of the concurrence on Industrial Injury Insurance Compensation and Tort Damages Compensation in our legislative and judicial practice and to learn from the existing four full processing mode, in order to safeguard their rights, taking into account the employer decentralized operational risks as the goal, with the distinction between work-related based on the specific circumstances of the injured damage occurred , The priority for Industrial Injury Insurance Compensation, the establishment of the integrated treatment model on the relationship of Industrial Injury Insurance Compensation and Tort Damages Compensation, that is the substitution patterns when the employer without fault, the added mode when there is fault on the employer, the limited double mode when third person with infringement.