Employee Personal Injury Compensation Issues

The supreme people's court enacted Interpretation of Personal Injury Damages On December 4, 2003, which includes a lot of problems like unclear rules and definitions and which is hard to be used in practice and brings a lot of obstacles for practice of judgment. Based on related interpretation of Interpretation of Personal Injury Damages, combined with related cases , concepts of related legal systems ,legal application and existing problems are discussed in this essay , hence , some suggestions about it are put forward for the purpose of solving some problems related with employee personal injury damages.The essay consists of introduction, main body and conclusion.Three chapters in the main body: Chapter one The definition of employment relationship and the definition ofemployer and employee are defined, whose related concepts are compared and distinguished.Chapter Two some cases are cited to distinguish between the application of employment relationship and work-related injury insurance. Hence, the application scope and standard of work-related injury insurance are summarized. Chapter three It is put forward that law of employee's personal injury damages liability should be establish, liability principle of employee's personal injury damages are made and employee's personal injury damages system and work-related insurance system are combined, analyzing the present situation of employee personal injury damages liability system and work-related personal injury insurance system .