Analysis On Cui V.Heze Transportation Group Co.,LTD.Labor Dispute Case And Other Two Cases

With the development of economy and society,employees are sometimes be ascertained to have suffered from work-related injury because of third part's tort.At this time,employees can not only advocate the person injury compensation to the third party according to tort liability law,but also depend on Regulation on Work-Related Injury Insurances to advocate work-related injury Insurances treatment.However,there are significant differences in legal character,liability mechanism,compensation items and standards of personal damage compensation and work-related injury insurance liabilty.And how to deal with the problem when employees claims the two kinds of compensation at the same time,become a controversial issues in judicial practice.In legislation,there is no detailed and uniform regulation on the issue,ledding to different judgements standard in judicial practice in various places.Based on the above topic,this article selects the three cases which make different judgements.the case of cui v.heze transportation group co.,LTD.labor dispute judged by heze intermediate people's court in shandong province,taking the way of full compensation mode.the case of Li v.sichuan nanchong cement products co.,LTD,of work-relater injury insurance dispute judged by Sichuan Higher People's Court.Chen v.zhaoqing dinghu district baimei hui decoration material management department work-related injury insurance treatment dispute case judged by Zhaoqing intermediate people's court.This is also usually used in guang dong district.There are significant differences between work-related injury insurance treatment and tort damage compensation in philosophical basis,principle of responsibility,responsibility subject,compensation project and standard.China's current laws,administrative regulations and judicial interpretations have not made clear provisions on this problem.But the above law only stipulates that medical expenses cannot be both simultaneously,but whether compensation for other projects can be claimed at the same,the two judicial interpretations don't made any provisions.The legislative vacancy of the upper law has resulted in different provisions of local regulations or normative documents issued by the provinces,such as si chuan province.By the full compensation mode,employee has already obtained the compensation of actual expenses such as medical expenses,by the tort damage compensation,and still demand for work-related injury insurance compensation,which is obviously violated the principle of compensating loss.The mode of work-related injury insurance compensation for insufficient part doesn ' t distinguish the specific item of injury insurance treatment and tort damage compensation,and the work-related injury insurance still compensates for insufficient part that has been already obtained tort compensation all in total,which harms the interests of the victim or his near relatives.Partial balance of compensation model,balancing the interests of the victim,the torts,and the employer,distinguish different compensation projects of tort compensation and work-related injury insurance treatment,consistenting with the current legislative spirit,which not only protect the rights and interests of the victims,but also avoid victims of the improper material benefits,worthy of being widely promoted.