Inductrial Injury And Tort "Double Indemnity" Judicial Practice Research

Industrial accidents and occupational diseases have long threatened the life,health and safety of workers.The relief of industrial accidents involves many legal departments such as civil law,social law and administrative law,which complement and conflict with each other.In particular,the concurrence of industrial injury compensation and tort damage compensation is the focus and difficulty of judicial practice in this regard.Starting from judicial cases,relevant laws and regulations and judicial interpretation,this paper summarizes the problems,explores the construction of a "double compensation" treatment mode suitable for China’s national conditions through the theoretical analysis and comparison of the concurrence of tort damage compensation and industrial injury compensation,and believes that the "work before compensation" mode should be adopted to adjust the problem,that is,when industrial injury compensation and tort damage compensation compete,we should first pay or advance the industrial injury compensation,and then supplement the tort damage compensation.We should give priority to the payment of industrial injury insurance,and then supplement the tort damage compensation to restore the rights and interests of the parties,so as to ensure that the damage compensation is appropriate and sufficient.The advantage of the mode of "work before compensation" is that it defines the relief path,facilitates the relief of the parties,determines the scope of compensation,integrates the basis of the claim right of "double compensation" with the scope of compensation,improves the efficiency of adjudication,and takes into account the interests of workers,infringers,employers and social security institutions.At the same time,we should pay attention to the improvement of the "double compensation" procedure and the connection between arbitration and litigation.