Research On The Overlapping Of Compensation For Traffic Accidents And Industrial Accidents

The concurrence of compensation for traffic accidents and industrial accidents has always been an important topic in the field of legal theory and practice.From the current situation in China,the main problems are as follows: the accident risk is becoming more and more prominent,and whether the industrial injury caused by traffic accidents can be "double compensation",or whether there is a handling mode,there are still defects in the legislation,and the relevant relief system is still missing,which leads to the failure of the parties to the accident to get timely and effective compensation and seriously threatens the safety of the parties' lives and properties,It may also cause contradictions among workers,employers and their social security agencies.In the face of the damage suffered by the parties,we should strengthen the relief way,focus on the timely handling of the case,and protect the rights and interests of the parties.Based on the case study,this paper makes a deep research on the concurrence of traffic accident and industrial injury compensation.This paper mainly includes three parts:The first part mainly introduces the proposition,research significance and innovation of the overlapping of traffic accident and industrial injury compensation,and further explores the research status at home and abroad.The second part is mainly from the case to summarize the difference and unity of the overlapping of traffic accident and industrial accident compensation.Through the comparison between the cases,the focus of the case dispute is: whether the infringed can obtain the industrial injury insurance compensation while obtaining the personal injury compensation.Furthermore,the paper summarizes the causes of compensation overlap from the aspects of the concurrence of two kinds of compensation laws and the duality of industrial injury cases,and concludes that the applicable laws and regulations are not clear,there is no practical relief way,and the relevant legislation is not perfect.The third part further sums up the causes of the overlapping of compensation from the aspects of the concurrence of two kinds of compensation laws and the duality of industrialinjury cases,and concludes that the applicable laws and regulations are not clear,there is no practical relief way,and the relevant legislation is not perfect.In the fourth part,the author expounds four kinds of processing modes in foreign countries,analyzes the advantages and disadvantages of the four processing modes,and further summarizes the reference significance for our country.The fifth part mainly proposes the specific path to solve the overlapping problem of traffic accident and industrial injury compensation.This part mainly proposes four specific ways to improve the overlapping of traffic accidents and industrial accidents compensation in our country,including straightening out laws and regulations,dealing with the principle that traffic accidents and industrial accidents should comply with,strengthening relief ways and improving relevant legal systems.