A Study On The Concomitant Problem Of Compensation For Tort Damage Of The Third Party And Compensation For Industrial Injury Insurance

With the development of economy,industrial accidents happen frequently,among which the industrial accidents caused by the third party's tort also happen frequently.In the above circumstances,the worker can not only request the infringer to bear the corresponding tort liability according to the relevant provisions of the tort liability law of the people's Republic of China,if this damage constitutes an industrial injury at the same time,the worker can also request the industrial injury insurance compensation according to the relevant provisions of the industrial injury insurance regulations.At this time,the workers have the right to claim for tort damages and industrial injury insurance compensation at the same time,which leads to the concurrence of the third party's tort liability and industrial injury insurance liability.For the third party tort liability and work-related injury insurance liability when competing for compensation,at present,our country's national legislation level only made a general provision,there is no specific compensation method.At the local legislation level,different regions have formulated the relevant provisions of their own regions,and the provisions of each region are also different.China's academic community has not formed a unified point of view,different scholars have different views,it is difficult to reach an agreement.Looking at the legislative models of foreign countries and regions,we can find that when they deal with the problem of concurrence between the two,they mainly adopt four models: substitution model,selection model,inclusive model and supplementary model.All of the above four modes have their own advantages and disadvantages.By combing the legislative models of the countries and regions concerned,the author believes that China should learn from the experience of the countries and regions concerned and choose the appropriate solution model in combination with the actual situation of China.After analysis and summary,the author thinks that our country should adopt the mode of "partial supplement,partial both gain",that is to say,the property loss should adopt the mode of supplement,the non property loss should adopt the mode of both gain.Because this mode can not only reflect the advantages of the traditional four modes,but also avoid their disadvantages,it is a more reasonable solution mode.In terms of procedural processing,the relief order of the injured workers should not be limited,and the workers can choose which claim right to exercise first,so as to protect the rights and interests of the workers to the greatest extent.In addition,the author thinks that it should be considered to solve in a lawsuit procedure for the victim's claim for relief and the subrogation lawsuit brought by the social insurance agency.Because it is easy to find out the facts of the case and reduce the burden of litigation.