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Research On The Coincidence Of Work Injury Insurance Compensation And Personal Injury Compensation

Posted on:2020-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
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With the emergence of some new formats,especially the development model of"Internet+" has been continuously developed in various fields.The new employment model has brought about rapid development of all walks of life,and it has also brought about an increase in the proportion of work-related injury risks.There are a large number of cases,and the cases in which workers are injured due to third-party infringement are even more rare.The main research content of this paper is limited to the field of third-person infringement leading to employee injury.In this issue,the Supreme People's Court The Minutes of the National Civil and Commercial Trial Work Conference(Civil Part)has been clarified that the laborer may request the third party to bear the infringement damages,or may request the social insurance agency or the employer to pay the corresponding work injury insurance compensation,but implement Judging practice varies from place to place in specific compensation projects.The author collected more than a thousand documents from the referee's paper network,and concluded that the judicial referee mainly presents three modes.One is a mode of mutual benefit.Under this model,workers injured at work can claim compensation for the infringing third party and the employer or the work injury insurance fund at the same time based on the right to infringement claim and the right to claim for work injury insurance.The court decides the work injury according to the model.Employees can enjoy double compensation under these two claims,and the total amount of compensation can be greater than the damage suffered by them.Under the dual mode,the infringer and the industrial injury insurance institution do not have a subrogation relationship;A supplementary mode is adopted.Under this mode,employees with work-related injuries can also obtain two claims for damages.However,in the case of damages,the final damages of workers injured by work shall not exceed the losses suffered by them;Based on these three models of referee research,the author believes that workers have two claims for compensation for work-related injury insurance and for damages for infringement,but based on the two claims,different regions and even different judges will make different judgments.Faced with this kind of predicament in the application of law,it is not conducive to the protection of laborers,but also to the judicial authority of China.Therefore,in order to solve such judicial dilemmas and protect the rights and interests of laborers,the author chooses representative cases in judicial judgments for analysis.This is used as a research method,in order to analyze the mode choices that are more practical and theoretical.
Keywords/Search Tags:work injury insurance compensation, third party infringement compensation, compensation competition, typical case, mode selection
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