The Relationship Between Work Injury Insurance Compensation And Tort Compensation

With the advent of the Industrial Revolution, modern extensive application of machine production have made more and more workers in the danger, leading to the occurrence of large-scale industrial accidents. Loss or impairment of earning capacity, usually lead to a direct result, that is, workers who rely on wage income can not afford their families, which would bring a serious social problem. Because of the serious consequences arising from accidents which frequently happen in modern society, remedies become an important research topic, and national legislation and practice have provided different ways to promote the further development of this research. It can be found from these national legislation and implementation that the key of resolving workers compensation issues is the relationship between the application of work injury insurance compensation and tort damages. In our country, the legislation and the research need to be further strengthened.In addition to the introduction and epilogue, this article as a whole is divided into three parts:The first part of "An overview of the relationship with work injury insurance and tort compensation", this part describes the origin of work injury problem, and the development and evolution of main remedy in accidents and the existing major industrial accident relief measures. Then on this basis, it leads to the core issue of this paper, that is, the relationship between the application of work injury insurance compensation and tort damages.The second part is "The situation about the relationship between work injury insurance compensation and the tort compensation in China". Firstly, it analyzes the foreign legislation mode of the relationship between the work injury insurance compensation and tort compensation.Secondly, it describes the legislation of relationship between work injury insurance compensation and the tort compensation.Thirdly, it describes the judicial reality about the relationship between work injury insurance compensation and tort damages. This part shows the confusion of the current judicial practice in our country through the case analysis.The third part is theoretical construction section, which firstly summarizes the basic principles of settling the relations of tort liability and injury insurance claims, then under the guidance of this principle, discusses the tort liability and injury insurance claims into two categories the namely, at last, the paper comes to the more reasonable conclusion, that is, greatly increase the payment standard of work injury insurance and give workers the right of choosing tort claims from a third party or compensation for industrial injury insurance from the work injury insurance agency. Although this paper has some personal opinions, the research of this issue is still at an initial stage, and there is still long way to go.