Study On The Competition Of Compensation For Personal Injury And Work Injury Insurance In Traffic Accidents

In recent years,there have been tens of thousands of casualties in China each year caused by traffic accidents.A considerable part of these victims have double identities,namely victims of traffic accidents and laborers who have suffered accidents at work.Based on the same damage fact,the victim enjoys the right of claim for traffic accident personal injury compensation and industrial injury insurance compensation,forming the Theory of Concurrence of Rights of Claim.Compensation for personal injury in traffic accidents belongs to the category of adjustment of the Tort Liability Act,adjusting the rights and obligations between private entities and has the nature of private law.Compensation for work injury insurance belongs to the category of adjustment of social security law and has social security.Both are different in the nature of law,the existence of basic legal relations,the functions of the system,the principle of attribution,the scope and methods of compensation,and the remedy procedures.In comparative law,the modes in which countries deal with the problem of two types competing claims are mainly four modes: Selection mode,alternative mode,concurrent mode and supplementary mode.Each model has its advantages and limitations.The choice of each model is inseparable from the specific historical background and reality of each country.The provisions on the competition between personal injury compensation and industrial injury insurance compensation in traffic accidents in our country include not only the normative documents applicable to the whole country but also a large number of local normative documents.There are national regulations,administrative regulations,departmental rules and judicial interpretations in the national regulations.The local regulations include the local norms promulgated by provinces,autonomous regions,municipalities directly under the Central Government and some prefecture-level cities,as well as the guidance issued by some local courts.From the content point of view,the national regulations in the choice of the mode of treatment is not very clear,large differences between each other,"Social Insurance Law" only clear the sequence of claims for medical expenses,the order of compensation for other expenses and can get double No compensation.The local norms and part of the court's guidance adopt the supplementary mode,which takes the concurrent mode and the part concurrent mode less,which is partly different from China's Social Security Law.Due to the lack of legislation and the existing norms and chaos,the courts have been found to be more severely discriminated against in the same case.This paper argues that the choice of modalities for the co-processing of the competing claim for personal injury compensation in traffic accidents and the competing claim for compensation for industrial injury insurance should be in line with the level of economic development and the development of the social security system in our country.On the basis of adhering to the principle that the industrial injury insurance system protects laborers and the infringer's liability for harming the consequences,the injured laborer shall be prohibited from double benefits.Regardless of whether the infringer has the ability to pay,all employees are entitled to receive compensation for work-related injuries insurance in priority,in accordance with the order of compensation for "civil injury after first job injury",the insufficiency of which is supplemented by infringement damages,and the compensation paid by workers' Obtain the right to recover the infringer.At the same time,the system of work-related injury insurance and liability insurance in our country should be further perfected,and a scientific and reasonable connection mechanism should be established from the procedure of compensation so as to provide a convenient way for the protection of rights and interests of injured workers and the exercise of the right of recovery by industrial injury insurance payers.