Study On Compensation For Injury Insurance And Tort Damage Caused By Traffic Accidents

With the rapid development of modern society,the number of motor vehicles has surged,and accidents caused by traffic accident occur frequently.In traffic accidents,when the infringer is recognized as an injury at the same time,based on the legal relationship of industrial injury insurance,it can claim the benefit of injury treatment from the Social insurance fund or the employing unit;based on the legal relationship of civil tort,it can claim the loss caused by tort to the actual tort responsible person.The question arises as to whether the claim can be supported by the Infringer's claim to the Court for compensation for injury at work and loss of personal damage.If not,how should the specific amount of compensation under these two types of compensation be harmonized? How exactly are the two compensation models applicable? The current law does not yet have an accurate statement,leading to significant differences in the understanding of these issues in judicial practice and also poses problems for court decisions.China has always been a big country with a large working population,and the number of work-related accidents is still high every year.The handling of work-related injuries caused by the infringement of laborers is related to the protection of workers ' right to subsistence,which has to be paid attention to by the judicial organs.Therefore,there is an urgent need to solve the problem of the application between injury insurance compensation and tort damages caused by traffic accident.This paper uses case study method,comparative analysis method and literature research method to seek the reasonable application mode between compensation for industrial injury insurance and tort damages.This article is divided into three parts.In the first part,two cases in Liaoning Province are selected to deal with the cases of injury insurance compensation and tort damages caused by traffic accident,which isused as the analytical material of the thesis.By introducing the case and summing up the dispute points of the case,this paper puts forward the problems to be discussed in this article,that is,the applicable relationship between compensation for industrial injury insurance and tort damages.The second part,around the focus of the dispute,first analyzes the relationship between the liability for industrial injury insurance and tort liability,compares the four models applicable to such problems in the theoretical circle,and analyzes the existing problems based on the current legislative situation and judicial status of solving such problems in China.The third part,taking the type of compensation project as the angle of view,puts forward that the treatment of such problems should adopt the applicable mode of "part and part supplement".From the point of view of procedural security,further improve the shortcomings of the entity.Through the analysis of the case and the inquiry of the theory,this paper puts forward some ideas to solve the problem,in order to provide the referee with reference for the court to deal with the problem of coexistence involving traffic accident tort compensation and injury insurance compensation.