Research On Inductrial Injury Insurance Compensation With The Concurrence Of Tort Damages

With the development of economy,industrial injury accident has become an inevitable and a widely concerned social issue.To solve this issue,industrial injury insurance payment system come into being.Due to the imperfect legal system,personal injury treatment which caused by occupational injury presents a diversified compensation mode.Thus,the competition and cooperation relationship of industrial injury insurance payment and personal tort claims appears.Through four typical cases,this paper raises the issue about the competition and cooperation relationship of industrial injury insurance payment and tort claims.By analyzing the facts of cases and comparing different judgment patterns,and combining foreign compensation mode,this thesis puts forward a more reasonable compensation mode that conforms to China's current national conditions.This paper consists of four sections.Firstly,by grasping the basic concepts and characteristics of industrial injury insurance payment and the tort compensation,we can have a deep understanding of the difference between their legal function,liability mechanism,compensation items and standards.Secondly,this paper clarifies the different levels of our country current law and draws a conclusion that there exits lots of contradictions and conflicts in china's laws,regulations,local regulations and so forth.All of these contradictions and conflicts cause the phenomenon of “connection with different sentence”in the process of law application.when analyzing the cases,our own opinions should be expressed,that's,we can put forward some complementary parts mode,and this is a more reasonable economic mode.Thirdly,by describing and analyzing the four compensation mode,it provides a beneficial reference for china's the competition and cooperation relationship of industrial injury insurance payment and personal tort claims.Finally,this paper provides some suggestions of compensation rules about china's industrial injury insurance payment and personal tort claims.First,we should improve the relief patterns of employing units.When there is no fault or only ordinary negligence of the unit,the labors should be given compensation according to the treatment of industrial injury insurance.While once the unit exits intentional misconduct or gross negligence,the labors should be given double remedy and the unit must undertake the civil liability of fault range.Second,we should make up for the right of recourse against the related mechanism.In order to make industrial injury insurance agency exercise the right of recourse smoothly,the law must make a clear decision when the infringer is ambiguity.And we must strengthen the penalties of concerning subjects who escape industrial injury insurance payment and tort compensation obligations.Third,we must construct the specific mode of fully payment.When occupational injury is caused by the Third or the employing unit,we can adopt parts complement both model to protect the rights and interests of the workers.For money measure project adopt supplement,and for not money project adopt both models.