Analysis Of The Case Of The Competing Responsibilities Between Industrial Injury Insurance And Tort Liability In The Accident At Work

Injuries at work not only destroy labors’ mind and body, but also affectthe sustainable development of the country and its harmony and stability.Therefore, the legal rights of labors are attached increasing importance tonowadays. A social central point is how to compensate the labors for theirloss fully and timely after the injuries, which is also a legal issue to beresolved. In case of employers’ mistake(responsibility) in the accident, thelegal rights of labors, including claiming compensation of insurance andclaiming compensation of the physical and mental injuries, are to competeand cooperate with each other. It is necessary to apply the relationshipsbetween these two kinds of rights appropriately and accurately. The firstpoint is that we should play fully the basic value and functions ofemployment injury insurance which is a basic social security system. Theother point is that compensation for tort should be played its key role insupplement of compensating the labors’ loss.This essay begins with case studies, analyzing the competing andcooperating relationships between the right of insurance compensationclaiming and the right of physical injury compensation claiming.This essay isdivided into four sections, the main contents as following:The first chapter is the introduction, a brief description of the legalformation of accidents in work injury insurance compensation and tortdamages coexist situation and trial practice injury issues applicable paymentdifficulties, and analyzes of accidents in the workers’ compensation systemsolutions and tort damages competition problem together academic value andpractical value.The second chapter describes the case in a real case of the occurrence ofthe questions, analyzing the specific characteristics of the current industrialaccident compensation cases and courts deal with such cases the passage wayto find out where the focus of controversy, this paper studied to clarifyissues extension and content.The third chapter is a case assessment, research and discussion on thisarticle, according to the case study as reflected in the core of the problem, to clarify the relationship between workers’ compensation and tortcompensation for the similarities and differences, through the study ofexisting legislation and representation of academic assessment, conclusionsdrawn in this article, is a reference in the future legislation shouldcomplement mode is recommended in order to facilitate a balance betweenthe interests of the employer and the employee.The conclusion of the full text contents of the summary and theintegration of the system case Comment conclusions are described andanalyzed, and the payment of accidents in the legislative issues Reflectionand Prospect.