The Relief Way Of Injured Migrant Workers Of Construction Industry By Work

The construction industry is a high rate of accidents, and mostly victims of the accidentsare migrant workers. How to assure to them that they will get the reasonable compensation intime, to obtain the fair treatment, are currently China’s judicial practice to be solved. Ingeneral, industrial injury victims offset the loss by the Private System and the Public Systemcalled the industrial injury insurance system. Obtaining compensation by the tort law forwork-related injury claims the tort-feasors to have the mistake, however, the proof of fault forthe employer is very difficult, because the best witness is a colleague, and colleagues are oftenreluctant to testify against employers to. Labor relation is maintained is the prerequisite thatthe worker enjoys treatment of inductrial injury insurance. However, because of the problemsleft by history, the law of our country has not to serve legal status of the "labor contractor" asa bridge between the construction enterprise and migrant workers was clear, so that migrantworkers’ labor relationship is difficult to found. Based on the analysis of specific cases as themain line, through the nature and validity analysis of the “contract by using qualification ofconstruction enterprises ", and then finds the victim and construction enterprises with laborrelations, in accordance with the Tort Liability Law of the People’s Republic of China and therelevant legal provisions, think this case injured in industrial accident can also acquire theinsurance compensation and tort compensation. Because of work injury insurance as ano-fault compensation system and compensation for tort without conflict, but based on thecivil compensation of the" fill up the loss" principle, two kinds of relief methods should beidentified as complement mode.This article mainly uses the method of case analysis, historical analysis and comparativeanalysis and other research methods, combined with the relevant laws of China, migrantworkers in the construction industry accident relief mode to undertake preliminary discuss.The article is divided into three parts:The first part: the introduction of specific cases, including the case, case, case of focus.The second part: the case of dispute and difference. This controversy focus mainly has four:first, the nature and validity of “contract by using qualification of construction enterprises ",the identified victims legal status is very important; second, the victim and who haveemployment or labor relations; third, Tort Liability Law of the People’s Republic of Chinacarry out caused legal problems, because the case involves objects damage, and" General Principles of the Civil Law of the People Republic of China " and" Tort Liability Law of thePeople’s Republic of China " have made a provision, therefore, in the case of the applicationof law is bound to suffer" Tort Liability Law of the People’s Republic of China " the relevantprovisions; fourth, the victim can be obtained both treatment of inductrial injury insuranceand tort compensation.The third part: the case of dispute and difference proposed own view, is the key part of thearticle. First of all, the current law based on the point of controversy preliminary legalanalysis; secondly, through a combination of domestic and foreign judicial practice andrelated theories, on the point of controversy in the legal principle theory of law foundation;finally, in this case solution put forward my view.