Research Of The Application Of Supplementary Model On The Co-compensating Of Employment Injury Insurance And The Third Party Tort

It is a common type in industrial injury relief that the compensating of employment injury insurance compensating and third party injury compensating,and how to process this sort of industrial injury relief is a big deal related to social harmony and economic development,which is related to the economic benefit and personal interest,the risk tolerance ability of companies,the efficiency of social economic development.Therefore,it is important to make sure the relationship between the two compensation claims,especially in the situation that the tort consequence caused by third party.The two legal mechanisms separating and having different purpose always run independently and don't cooperate with each other.After comprehensively studying of four diverse modes abroad and some modes in academic and substantive field of our country,the author insists that we should use the supplementary mode.On this basis,increasing the advance payment system for employment injury insurance,recovery system,system of duplicate projects compensation follow the high and different projects compensation supplement the shortfall,so as to do better in solving problem of industrial injury relief caused by the third party.