Coexistence Or Competing:Relationship Of Compensation For Industrial Injury Insurance And Tort Compensation

Since the Industrial Revolution of the eighteenth-century, a large number of industrial accidents occur due to machine large-scale production of human, and these work-related injuries to the workers themselves and their families not only cause tremendous damage, also plagued the business and social. Workers’ compensation and tort compensation is the most important of the two remedies in the work-related injuries, but how to deal with the relationship between the two has been important for the national legal theory and practice. At present, both the legislative or judicial understanding of the relationship between workers’ compensation and tort compensation is confusing, non-uniform. Therefore study the application of the relationship between workers’compensation and tort compensation (which is competing relationship or the coexistence of relations) is very significant for our country.In addition to the Introduction and Conclusion sections, this paper is divided into three parts.The first part of the problems for China’s workers’compensation and tort compensation deal with the relationship. This section describes in the situation of the employer infringement and third person tort, legislative and judicial understanding of the relationship between workers’compensation and tort compensation. This part is divided into two small. The first little part about the applicable provisions of the laws and regulations on workers’compensation and tort compensation is inconsistent. And mainly cited applicable provisions of workers’compensation and tort compensation relationship in some of the legal usage is high, and several representative local laws and regulations. And the second part about our judicial practice on the handling of workers’compensation and tort compensation relationship is not uniform. This small part of a table and a brief analysis of the case, so that readers can clearly see the status of the workers’ compensation "Co-different sentence". And this section describes our legislative and judicial understanding of workers’compensation and tort compensation relationship is inconsistent, in order to lead to purposes of this article.The second part is foreign processing mode about relations on workers’ compensation and tort compensation and less than. And this section describes the concept of the world’s four processing mode (Select mode, Alternative mode, Have both mode and Add mode), as well as their advantages and disadvantages.The third part is the thinking of the relationship of the workers’compensation and tort compensation. This part is a core part of this article and divided into the employer infringement and infringement of a third person are two cases to discuss. For the employer infringement, discusses the workers’compensation and tort compensation is competing relationships and the reasons and put forward it shall apply to the modified Alternative mode, that is injured workers is the only request compensation for injuries and can not ask for compensation for infringement, unless the work-related accidents caused due to the intentional or gross negligence of the employing unit, and the employer shall give all tort compensation to victims of workers. For a third party infringement, this article believe that the workers’ compensation and tort compensation is the coexistence of relations, and put forward six reasons to support this view and think that it should apply modified to have both mode, that is it should in principle sum workers’compensation and tort compensation, however, for the same compensation for the project, only choose one, and the higher one; For the two different compensation items shall be added...