Research On The Relationship Between Work-related Injury Insurance Benefits And Compensation For Tort Damages

In case of personal injury caused by a third party tort and can be determined as an industrial injury,the injured worker has two ways to seek relief.First,the injured worker has the right to claim the infringer's liability for tort compensation,and second,the injured worker has the right to apply for work injury insurance as stipulated in the work injury insurance law.However,in the current legislation of our country,there is no clear stipulation as to whether the treatment of work-related injury insurance and the compensation for tort damages can be achieved or can only be selected.Some local legislations have different regulations,which lead to the common occurrence of different judgments in the same case,which is not conducive to the effective protection of the legitimate rights and interests of workers.This thesis is divided into four parts.The first part analyzes the relationship between work injury insurance and tort damages compensation.Firstly,it is stated that the work injury insurance system was developed on the basis of the Tort Liability Law and formed a situation of joint relief for the injured workers.The differences between the two are discussed from four perspectives: the basic idea,the principle of imputation,the request procedure,compensation standards and compensation items.The second part analyzes the current legislation of work injury insurance compensation in China.First of all,we reviewed the relevant provisions in our legislation on insurance treatment for work injury caused by third party tort and third party tort damage compensation.After combing the local legislative regulations and judicial practice,we can find that in the judicial practice,a win-win mode or a complementary mode has been adopted for most cases.Then it analyzes the difference between the compensation order of work injury insurance and the compensation for tort damages and the specific items in the supplementary model.The third part explores the specific application of the two remedies: work injury insurance treatment and tort damages compensation.The advantages and disadvantages of the selection mode,substitution mode,supplementary mode,and both mode adopted in the current local legislation and judicial practice are compared and analyzed.The fourth part puts forward suggestions for perfecting legislation on the situation of the insurance-treatment of work injury and infringement-damages are co-ordinated,as the court's applicable rules for ruling such cases.In the discussion,it is important to consider from the perspective of legal value,and through the specific analysis of the complementary model and the combination model,it is suggested that the partial supplementary model should be applied.At the same time,a preliminary design of the substantive rules and procedural rules of the supplementary model has been made to establish the principle of preferential payment of work injury insurance and confirm that the work injury agency should enjoy the right of third party recovery.