An Analysis Of Yuan V. The Leng Company On Injury Insurance Benefits

According to chinese current system,worker suffered industrial injury whichdue to a third party’violations have the right to insurance benefits to social insurance agency,and in the same time have the compensation right to the third party.But there are unclear terms about how to deal with the relationship between two rights in law.The case on industrial injury in this paper is an example of the problem.Two rights have competition on the payments of the same content and aggregation on the payments of the different content. The nature of competition isn’t article or the basis of claim,but claim right.There are four kindsof modes about the relation between c1aiming right to work injury insurance and right to injury damage:electian,substitiltion,cumulation and supplementation.Integrating legal logic and social policy,the supplementation mode not only ensure workers gain complete compensation,but also aviod the double compensation,save social resource,realize the legal goal and purpose of industrial injury system,the principle of efficiency and justice,is the correct decision about solve therelationship between two rights.Injury insurance benefits and infringement damage compensation are worker’s method of relief.Moreover,our country has established the diversified relief system,including commercial insurance and liability insurance.Exert the function of the diversified relief system can maximize compensation the damage.