Research On The Concurrence Between The Injury Compensation And Tort Compensation

In modern society, workers’ compensation system is an important component of thesocial security system sector, to protect the rights of workers, thereby reducing the risk andburden of the employer. Meanwhile, as the employing unit fault or infringement of a thirdperson to lead to the phenomenon of work-related injuries damage the growing workers’compensation and tort compensation and Conflicts also highlighted. But at present thenational level legislation vague and local legislation to require significant differences, thejudiciary is not uniform, the same situation around the court and even a completelydifferent result, a serious impact on the credibility of the authority of the law and thejudiciary, resulting in work-related injuries workers’ legitimate rights and interests havebeen seriously harmed. Therefore, this article aims to improve the compatibility of the lawin dealing with the compensation for work-related injuries and for the tort competition.The first part of this article introduces the relative concepts about the compensationfor work injury and the factors of responsibility involved. Besides, we also analyzed theforms and relative regulations about the compensation for injuries due to the infringementof a third party and tort. The second part is the analysis about the methods used to dealwith the compensation for work injury and tort in most countries. The third part pointedout the status quo and defects in China and introduced a model, which focuses on takingboth sides. Furthermore, we put forward some specific legislative proposals for theapplication of this model in real situations.