The Concurrence Of The Right Of Claim For Industrial Injury Insurance Compensation And The Right Of Claim For Personal Injury Compensation And Its Application Of Law

With the rapid development of society and the accelerated process of industrialization, industrial injury cases occur frequently, which has negative effects on the employees and their companies. In order to reduce the risk of the company and help workers to get timely medical relief, China establish the social insurance system. People who suffer the industrial injury have to meet the demands of insurance compensation and personal injury compensation elements so that they can claim to both the industrial injury insurance compensation and personal injury compensation. Since the laws of our country is not comprehensive and legal provisions in dealing with the concurrence of industrial injury insurance compensation and personal injury compensation is not clear, different court have different decision and judgment to this problem, which have a negative effect on the unity and authority of the law. Meanwhile, because of the inconsistency of the judicial practice, it has something to do with the unfair justice. This article will introduce the industrial injury insurance compensation claims and personal injury compensation claims from five parts.The first part is the summary about the concurrence of industrial injury insurance compensation and personal injury compensation. This paper discusses the basic theory of the claim right of compensation for work-related injury insurance, and personal injury compensation, as well as the differences between them. The concurrence of industrial injury insurance compensation and personal injury compensation will be discussed, mainly about their different phenomena and characteristics. These two kinds of claim rights will be clearly shown by means of comparison.The second part is about the laws and regulations of the claim right of compensation for work-related injury insurance, and personal injury compensation in China. The paper will introduce the relevant provisions of the law, administrative regulations and judicial interpretation, and sum up the existing problems in China's laws and regulations on the issue of the claim right of compensation for work-related injury insurance, and personal injury compensation. Through some vague provisions of these existing problems and the analysis of the drawback of current legislation, the author aims to further clarify the importance and practical significance of the urgent need to solve the problem.The third introduces the judicial practice of the concurrence of industrial injury insurance compensation and personal injury compensation. This paper discusses the different dealing ways types of different problems when there is the concurrence of industrial injury insurance compensation and personal injury compensation.The fourth part is the inspiration that is got when handling the concurrence of the right of claim for the compensation for the injury insurance and the right of compensation for the damage abroad. Four different coping modes in other countries will be discussed in the paper, namely the mode of choice, the alternative model, model concurrently, supplementary mode. The advantages and disadvantages of the four kinds of the mainstream model will be seen. Two ways can be obtained from these four processing mode because of the enlightenment.The fifth part offers some possible suggestions on dealing with the concurrence of the right of claim for the compensation for the injury insurance and the right of compensation for the damage. From the aspects of system, principle, legislation and so on, we cannot use a unified way to deal with the problem. According to the different circumstances, different provisions are supposed to be used so as to protect the legitimate rights and interests of the employer as well as their workers.