Research On The Application Of Industrial Insurance And Civil Compensation

With the fast development of the society and the gradual expansion ofthe employment injury insurance coverage, the occurrence of industrialaccident is more and more frequent. When an industrial accident satisfiesthe actus reus of both employment injury insurance and infringementdamage compensation, it is very necessary for the law to specify theapplication of them. According to their own conditions and legal theory,different countries adopt different application method. However, the lawsand regulations of our country related to this problem are contradictory,leading to the chaos in judicial practice, which would greatly harm theconsistency and fairness of our legal system. In view of the above situation,this paper tries to find a proper solution of how to apply the industrialinjury insurance and the infringement damage compensation in anindustrial accident. To do this, this paper adopted various methods,including but not limited to comparative analysis and historical analysis,and also referred to domestic and foreign laws, as well as related legaltheory. This paper reached a conclusion that in order to balance theinterests of each party, a method with diversification should be adopted.This paper held the following innovative opinion: When the damage iscaused by the employer, the supplementary method should be adopted,under which an injured employee can first receive compensation from theindustrial injury insurance fund, and also enjoy the right to gain furthercompensation endowed by the tort law from the employer. When thedamage is caused by a third party, a improved supplementary methodshould be used, where the injured employee can first receive compensationfrom the industrial injury insurance fund, and also enjoy the right to gain further compensation guaranteed by the tort law from the third party, andthen the industrial injury fund obtains the subrogation right to ask the thirdparty for the money paid to the employee.There are three chapters in this paper, which are as below:Chapter one focused on the relation between employment injuryinsurance and infringement damage compensation. First, the definition,characteristics, origin and development of employment injury insurancewere introduced and analyzed to clarify its position. Second, chapter twodiscussed the connection and distinction between employment injuryinsurance and infringement damage compensation, emphasizing ondistinctions such as the basic principles, establishing conditions, thestandard and scope of compensation between the two remedies, and deniedthe substitution between them. Lastly, chapter two defined the competitionbetween employment injury insurance and infringement damagecompensation, and considered the competition between them as theconcurrence of different laws, which would not always result in theexclusion of each other.Chapter two compared and analyzed the modes adopted by domesticand foreign laws towards the application of employment injury insuranceand infringement damage compensation. This Chapter also discussed themerits and demerits of the modes adopted by other countries, and pointedout the lessons we should learn from their experience, which would guidethe establishment of the legal system of our country. Chapter two alsointroduced the development and current situation of the remedy modeconcerning industrial injury of our country, and analyzed the contradictionand conflict in our legal system and the chaos in the judicial practice ofvarious regions.Chapter three proposed a diversifying mode towards the application ofemployment injury insurance and infringement damage compensation withreference to previous discussions and views from scholars. This chapteradvocated the differentiation of infringement damages caused by employerand other parties, suggested different application mode and showed thegrounds of each suggested mode. Lastly, this chapter analyzed twoimportant aspects of the suggested diversifying mode, which were procedures and the standard of compensation, and gave suggestionsregarding the two problems with reference to some views from certainscholars.