Research On The Relationship Between Third Party Tort Compensation And Industrial Injury Insurance Compensation

It is very common in trial practice for labors to be recognized for the infringement of a third party injury.It leads to a question:how do the victims exercise the claiming right of work injury insurance and general right to personal injury damage?There's no clear law regulates on this issue,courts in different areas make adversary judgments for the similar cases.Begining with related cases,analyzing advantages and disadvantages of different models of tort injury compensation and industrial injury insurance,this thesis suggests that our country should adopt complementary model to adjust the relation between injury compensation and work injury insurance caused by the third party's infringement.First of all,in the complementary model,it means that victims could claim injury compensation and work injury insurance at the same time,but benefits obtained are no more than the actual damage.This model is based on the conergence of civil liability and in keeping with the highest guiding principle of compensation for damages.Secondly,the insurance participation rate of work injury insurance is low,the insurance benefits are not high in our country,complementary model is the realistic choice that meets the national conditions.Thirdly,complementary model both can help protect victims to the maximum exent,and don't overburden the employers,and strengthen the responsibility of the infringers.This model balances the interests of the three parties.Adapting to the needs of judicial practice,the author puts forward some suggestions to improve complementary model:First,all the loss of victim labors contains three parts,they are expenses incurred for injury,income from injury reduction,and emotional distress,the thesis establishes correspondences between injury compensation and work injury insurance in compensation items," corresponding in parts,adding up to total,contrasting the total amount" is the principle to determine the total loss of the victim labors.Second,victim labors could select sequence of the claiming right of work injury insurance and general right to personal injury damage.Third,establish insurance fund for industrial injury insurance to advance medical bills system.Fourth,the employment injury insurance fund could recover from the infringers.