Study On The Applicable Relation Of The Industrial Injury Compensation And Tort Compensation In The Industrial Injury Case Caused By The Tort Of The Third Party

There are many reasons casuing industrial accidernts.The third party tort is an importantone.In the cases of the third party infringement,the injured workers can require the third partybear the tort liability according to the general rules of the civil law and the tort liability act,sohe enjoys the right to requst the tort compensation.At the same time, the injured workers canask the social insurance agencies or employers to pay for the industrial insurancecompensation,so he enjoy the righe to requst the industrial insurance compensation.What isthe relationship between the two compensation claims?Or what is the applicable relationshipbetween the two kind of compensation?Because the problem relates to many legal relationsand ways of relief, there is no clear legislative provisions so that the problem has beencontroversial.Not only the academic circles and the public opinions are divergent., but aiso allover the court’s approach are quite different.So to discuss and study the concurrence betweenthe industrial injury compensation and tort compensation for the infringement of third partyhas a very important significance from the theoretical level and the practice level.This papermainly discusses the case materials, which content is divided into four parts:The first part introduces the case in order to understand the case focus;The second part is the focus of the case,and has a detailed description of the focus;The third part is the legal analysis on the focus of controversy.The first is to define therelationship between the two kinds of compensation claim.Through the elaboration ofco-opetition theory, the relationship between the two right should belong to the co-opetitionrelationship in broad sense, and carries on the proof from the foundation who produce the twokinds of compensation claim,the legal relationstwo where the two kinds of compensationclaim exist etc;The second is to elaborate the applicabie relationship between the twocompensation claims under the situation of the industrial injury caused by the third peopletort.The author put forward that we should conside the risk property of the industrialaccidert,the tort liability of the third part,the homogeneity compensation in the two kinds of compensation etc when we deal with the applicable relationship of the two kinds ofcompensation mainly by introducing and analyzing the processing mode of the foreigncountries,the opinions of the scholars and local practice in our country.At last the author putforward that the applicable relation should be limited addition mode:In the situation of theindustrial injury caused by the third party tort,the injured woker enjoy both the two kinds ofcompensation claims.He can choose to exercise the two rights both the same time andseparately which exist indepently and non—conflictly.But when calculating the amount ofcompensation,the injured woker can only enjoy both the compensation for non-pecuniarydamages except the pecuniary damages of the two kinds of the compensation.Forhomogeneous compensation, the injured workers can only get a compensationof.The injuredworkers can only get once compensation.If the social security agencies or the employer paythe homogeneity compensation costs,they can ask the third party to return.The fourth part is conclusions and recommendations,which is based on the focus of thecase concludes so that I puts forward suggestions for dealing with similar cases.