The Study On The Remedy System Of Industrial Injury

Industrial injuries come into view following the arrival of the industrial society,and they are corollaries of the development of human being. And the industrialinjuries ranges extended from industrial injuries only to both industrial injuries andoccupational disease now. The remedies for industrial injuries changed along with thedevelopment of economy, from torts liabilities, then to employer’s liability insurance,then to the remedy system of employment injury insurance assisted by torts liabilities.China’s economy roared after the implement of reform and openness policy, andnow China has been the2ndeconomic giant. But we should notice that though wehave accomplished a lot of achievements, there are still severe industrial injuriesproblem. Though the Injury Insurance Regulations are well provided, there are still alot of disputes in practice. So it is necessary to combing the regulations and providemore remedies for the injured employees.The theme of this paper is to provide industrial injury more remedies, and it iscomposed by three parts. The first part mainly explains the concept and properties ofindustrial injury. By analyzing the essential condition of tort liability, we regardindustrial injury is a kind of damage to person in fact, including both industrial injuryunder labor relationship and other employment relationships.The second part mainly discusses the history of the industrial injury remedysystem. It first introduces the developing progress of remedy system worldwide, thenthe history in China. We can find out that remedy system mainly started from tort liability, then to employer’s liability insurance, then to the remedy system ofemployment injury insurance. But the properties of industrial injury is still a kind oftort.The third part separately discusses the remedies for industrial injury under laborrelationship and other employment relationships. As the former, this paper firstintroduces the industrial injuries provided by Insurance Regulations, then discussesthe remedies for injuries caused by employer and by the third party. As the latter, thispaper advocates that it should relive the injuries under torts liability.