On The Concurrence Of Compensation Liability For Personal Injury And Employment Injury Insurance In Traffic Accidents

With the continuous development of society,the number of motor vehicles in China is growing rapidly,and traffic accident cases are also increasing.In the case of traffic accident concurrence,the relationship between personal injury compensation and industrial injury compensation involving the infringement of the third party has different views and practices in both academic research and practical operation.In reality,the decisions of many courts are inconsistent,and the compensation standards of human resources and social organizations are also inconsistent,which urgently needs to be studied and solved.The purpose of this paper is to combine the opinions of laws and regulations,academic research,through on-the-spot investigation and other methods,analyze the actual situation in China,explore the best compensation mechanism,and put forward useful solutions,so as to maximize the protection of the legitimate rights and interests of the injured workers,achieve the unity of trial and compensation,and properly and efficiently deal with practical problems.This paper is divided into four parts:The first part: introduction,mainly introduces the background and significance of this research topic,domestic and foreign research status.In the traffic cases that the third party infringes and constitute industrial accidents,it involves the relationship between personal injury compensation and industrial injury insurance compensation,which is systematically and comprehensively analyzed and combed in this part.The second part: after elaborating the basic theory of traffic accident concurrence cases,we search the Chinese judicial document network,select three typical cases,and analyze them,summarize the main disputes in judicial practice when dealing with such cases,as well as the results of court decisions.The third part: explain the competing relationship between personal injury compensation and industrial injury insurance compensation in the traffic cases of the third party infringement and industrial injury accidents.The fourth part: combined with the existing academic research results and the judgment results of the court,the author puts forward his own views on the due relationship between the two responsibilities,in order to solve the problem accurately and properly,to protect the legitimate rights and interests of the injured workers to themaximum extent,and to maintain the fairness and stability of the society.