Research On The Judging Rules Of Work Injury Insurance And Third Party Tort Liability Compensation

If the third party infringement causes labor injury,the competition between work injury insurance and third party infringement compensation is a difficult problem in theory and practice.Due to the lack of uniform and clear regulations in the legislative and judicial interpretations,the same type of case referee in practice is quite different,which is not conducive to the unity of the judiciary.Therefore,the author believes that it is necessary to analyze the refereeing rules of such cases.Through the analysis of specific cases in our country's practice,we basically sort out the three modes of referee that are commonly used,namely,the complete mode,the limited mode,and the total replenishment mode.The above three modes have their own advantages and disadvantages,and the compensation actually obtained by the injured employees is quite different.By clarifying the loss of injured employees and combining the nature of the two claims,it can be seen that the direct loss and non-repetition calculations have the most reasonable and restrictive model,which fully fills the injured employees and prevents them from benefiting from the damage.For the case of work-related injury insurance and third-party infringement compensation competition,the unified judgment rules should be rationally constructed under the principle of full relief for injured employees and taking into account the interests of other parties.