Analysis On The Case Of Ms Wu And Miss Huang To Prosecute The En Yang Social Security Bureau Of The Treatment Of Injury Insurance

In life,there are many reasons for the workers' injury among them,one of the main reasons is that the infringement of third people is the main cause of workers' injury.Under these circumstances,The injured worker can claim damages for the infringer according to the law of tort liability and other laws,or also according to the provisions of the social insurance law and so on,so as to require the worker or the employer to pay the industrial injury insurance compensation.In this way,the infringed laborers enjoy two claims for compensation at the same time.In the case of industrial injury insurance compensation and civil tort damage compensation,how to deal with the relationship between them is directly related to the balance of interests between the infringed party,the infringer and the industrial injury insurance compensation subject.However,there are no clear provisions on how to apply the two kinds of compensation to our country's legislation,and the practice of various courts in judicial practice is also quite different.If the problem is not solved,not only seriously affected China's judicial credibility,but also make the laborer's rights and interests are not guaranteed.This article begins with a concrete case in practice.The details of the case and the results of the case are introduced in detail,and the problems reflected in the case are presented,Lead to the focus of the controversy,Focusing on the focus of these disputes,the problems related to the injury caused by the third people's infringement are expounded.Through the analysis of the current legislation on the third party infringement causing industrial injury,it is found that the biggest problem of China's industrial injury insurance compensation and tort damages is the lack of detailed legal provisions.The relevant law clearly stipulates that the two parties are complementary to the application of medical expenses,and the applicable law of other compensation projects is not stipulated.Therefore,it has become a top priority to improve the legislation in this area.This article analyzes the industrial injury insurance compensation and tort damages in a legal way,and defines the nature and difference of the two.Finally,it is suggested that the two should supplement the applicable suggestions.The innovation of this article is to start with a specific case in judicial practice,analyze the specific problems existing in the case,solve these problems one by one,and draw the most suitable conclusion.We should try to determine the unified processing mode and give full play to the functions of various systems.