Research On The Co-operation Of Industrial Injury Insurance Compensation And Civil Tort Damage Compensation

How to solve the co-occurrence of work injury insurance compensation and civil tort damage compensation is a long-standing hot and difficult problem in the theoretical and judicial practice circles in China.To solve the problem of the co-occurrence of work injury insurance compensation and civil tort damage compensation,China's laws and regulations do not have clear and specific provisions.There is also a phenomenon of "different judgments in the same case" in judicial practice,which seriously affects judicial credibility.From the perspective of foreign legislation,there are four different perspectives on the joint treatment of work injury insurance compensation and civil tort damage compensation.Judicial practice concerning the joint cases of work injury insurance compensation and civil tort damage compensation mainly includes three types of work injury insurance treatment disputes,tort damage compensation disputes,and subrogation or recovery rights disputes.There are four types of adjudications for employers' infringement-type co-operation cases: support for double compensation,support for supplementary compensation,support for work injury insurance compensation only,and support for infringement damage compensation in special circumstances.Judgments for third-party infringement-type co-operation cases include four types,namely full double compensation type,limited double compensation type,alternative exercise total compensation type and supplementary compensation type.In order to improve the competition between work injury insurance compensation and civil tort damage compensation,unify the law application and adjudication standards,adjust disputes in competition and cooperation cases in a typological way,the legislative norms of the work injury insurance compensation and civil tort damage compensation competition legislation should be improved,and the unified work injury insurance compensation Judicial practice competing with civil tort damage compensation is launched in four dimensions.