Analysis Of The Traffic Accident Compensation Case Of The Rehired Employee

Along with the accelerating economic development and improving health-care level of our county, more and more retired employees are "rehired" by the employers and rejoined the production. But as to the disputes that arouses from this "rehired" employment relation, different prejudications exist among the actual judicial practice because of the particular identity of the rehired employees and the lagging of the legislation. The controversies are focused especially on the issue of the personal injury compensation that caused by the traffic accidents of the rehired employees, as if the rehired employees could have the industrial injury insurance; whether they could require the compensation of lost income and if they could ask for the disability compensations and mental damage solatium. And as to these controversies, people could find their positive and negative reasons to support or oppose them according to different theoretical and practical basis. The rehired employees should enjoy the industrial injury insurance if they have had personal injuries when they are return from work since the rehire contract is signed in the form of labor contract and they meet the principle condition requirement of the industrial injury insurance; moreover, their equal right to work should also be protected. Therefore, it is would be better for our country to draft a "rehired system" that suited to the present conditions of our country as soon as possible, and the legislature should study and initiate procedures and methods to solve the problems that relevant to the rehired employees. Based on the reasons that compensation has no age limitation, loss of working time did exist, and meet to the conditions of the "lost income" that legislate by law, we should meet the requirement that put forward by the rehired employees on the lost incomes. From the analysis of the differences in legislative logic, application basis and operate mode, the disability compensations and mental damage solatium can not replace each other since they have different application conditions and areas. When the rehired employee is injured because of the other tort, he/she could ask for both the disability compensations and mental damage solatium. In all, only by using the changeable and developing judical practice to improve our law, could we avoid the employs and the Infringed party of the personal injuries to use the inadequate legislative to violate labors’rights and protect effectively and fairly to the legitimate rights and interests of workers.