On The Work-related Injury Insurance And Employer's Liability Insurance Comparison And Application

With great development in economic and industrialization in last 30 years, work injury has become a common and inevitable social problem in China for large group of industrial workers. More than 130 thousand people died and more then 70 thousand people were hurt due to safety accidents. It caused huge physical and mental damage to themselves and their family, and led more than 250 billion RMB loss which is equivalent to about 2.5% of GDP. It is very urgent to establish a perfect work-related injury protect system for industrial workers, good economy and stable society.In recent years, developing speed of legalization is very fast, especially protection of work injury. Insurance Law of the People's Republic of China (Insurance Law below) and Social Insurance Law of the People's Republic of China had been approved at 7th meeting and 17th meeting in 11th session National People's Congress at February 28th, 2009 and October 28th, 2010, The latter one had been implemented since July 1st, 2011, and new Work-related Injury Insurance Regulations had been implemented since January 1st, 2011. However, in the implementation of new Work-related Injury Insurance Regulations, the injury cannot be compensated fully by Work-related Injury Insurance. As a strong complement, employer's liability insurance has played an important role in work-related injury insurance system.This paper is to analyze comparative between Work-related Injury Insurance and Employer's Liability Insurance, and then to explore the practice of above two compensation method and their combined development for improving the work-related injury protection system.Firstly, find the common points from the definition and function of Work-related Injury Insurance and Employer's Liability Insurance, and the different points from nature, business purpose, scope, implementation method, objects and other 3 aspects. In the second chapter, discuss the scope, case identification, treatment and other aspects for work-related injury insurance, and liability, insured obligation, compensation methods and other aspects for employer's liability insurance. Especially discuss below: how civil servants and migrant people use the work-related injury insurance; how to identify when workers being hurt in the commuting due to violation of traffic regulations; how to identify if workers died 48 hours later after sudden illness during working hours; how to identify by employer's liability insurance if workers had major liability to their own death and employer's death. And then, analyze the application of work-related injury insurance and employer's liability insurance when workers are hurt in work-related activities, workers are hurt by third party, or third people damage. We can find the employer's liability insurance is a useful addition to work-related injury insurance, and it can have a great development to the third case and can take more responsibility for employers. In the last chapter, after work-related injury insurance and employer's liability insurance situation analysis, we suggest that the combined development of both will be very important to work-related injury protection system improvement.