Denggang V Baiyin Company Infirngement Analysis

With China's rapid economic development, protecting the legal rights of workers more and more people's attention, especially workers in the event of accidents, how fast, scientific and effective relief is given to victims of a serious problem. There are a considerable number of accidents due to the employer other than the infringement caused by third party, in which case, compensation and work injury insurance, third party personal injury compensation is the most basic, the most important way of relief, how to build both the application relationship is directly related to injury relief system values orientation and functions of selection, therefore, for us is of great theoretical significance. In China, the absence of laws and administrative regulations of the specific provisions of workers compensation in tort law can get a work-related injury treatment or after treatment can get a work-related injuries continue to be a civil tort, judicial practice has been a controversial issue. Choose a model, have patterns, complementary modalities in various court cases have emerged.In this paper, in force from the hospital to start a civil judgments and try to work injury insurance compensation and the nature of tort damages for system analysis, combined with the relevant foreign third party injury insurance and tort damages mode of application, From our current law, discusses work-related injury insurance and third party analysis of tort damages when the competing application of the law, the legal basis that is necessary for China's industrial injury insurance claims in tort damages and the third person when competing application of the law to make clear that the formation of workers' efforts to protect the largest and most scientific work injury relief setting mode, on the one hand to build a reasonable system of accidents and tort damages, on the other hand, work injury insurance agencies to give the third person tort right of recovery, thus the final conclusion:by the third person other than the employer of labor caused by infringement were work-related injury cases, workers can apply to have both models, get double compensation, work injury insurance agencies should be given while the actual expenses of the right of recovery.