Study On The Civil Compensation System Of Industrial Accident

The industrial accident is a secondary product of modern industry and it’s grievous destructiveness.It’s pretty well in accident investigation,reason analysis and resume production in our country.But we don’t take the victims compensation seriously.They are badly off and bear injuries and deaths at the same time.The compensation of employment injury insurance is the principal compensation for industrial accident in our country.It’s a small range,low standard,small amount,no-fault liability and non-punishment compensation.The compensation system of industrial accident is not justice and can’t prevention of accidents.So the civil compensation should be applied to industrial accidents and need to be completed.Firstly,worker injured in industrial accident is not the same as occupational injury.Industrial accident should dispense with specific identification.It conforms to the laws and is to the benefit of right of the person protection.Base on the legal grounds for compensation system of industrial accident analysis,and analysis of the formula mode for imperfection of personal damage compensation,the property difference between the claim right of employment injury insurance compensation and civil compensation,the historic changes of compensation of industrial accident,the oversea law about industrial accident,the writer takes for that the civil compensation should be applied to industrial accident complement.Secondly,there are some chaotic phenomena in civil compensation of industrial accident in juridical practice in our country by analysis of a lot judgment cases.In general,the compensation of industrial accident is "walking on one leg of injury insurance".It’s very hard for the victims to get sufficient compensation.So it’s necessary to study how to apply civil compensation to industrial accident further.Thirdly,there’s a proposal to modify the law on safety in production.Clearing the constitutive component is precondition of applicable civil compensation.The liability,illegal act,intentional misconduct or negligence,the consequence of permanent disability or death,causal relationship between act and consequence,difference between civil compensation and employment injury insurance compensation are the constitutive components in civil lawsuit.In addition,punitive damages should be applied to partial industrial accidents too.But the punitive damages should be limited to grave fault and severe personal injury cases to reduce the influence on company operation.