Law Apply On Work-related Injuries And The Third Party Tort Competing

When Injuries and the third party tort competing, the current law not clearly defines that whether the employers should pay the work-related injury insurance first if they not report it and whether the workers can get double compensation.Blank legislation makes so large controversy in judicial practice that the same case even gets the opposite judgment. Therefore, how to solve these problems fairly and reasonably so as to protect the rights of workers more fully and effectively is worthy of research.This article describes the concept, the nature and the imputation principle of injuries and the third party tort competing, makes discourse combined with the focus controversy of the specific case. Firstly, it analyzes whether the injured workers have rights to not claim compensation for the infringement damages to a third person in advance. Secondly, it makes an assay of whether the employer has an obligation to pay for work-related injury insurance in advance. Finally, it puts forward relevant proposals for which model of compensation should be taken to improve the legislation and resolve such disputes better.