工伤赔偿和侵权赔偿竞合法律理由

【Abstract】wWw.shuoshilunwen.com There are all sorts of risks in modern society. Work-related accident is one of the results of the risk, Common concerns are aroused because of the question how to help those who suffered injuries in woking . It is a question how to solve the relation between Compensation for whom suffured from wok-related injury and compensation for the loss because the action of torts when dealing with cases on the work-related injury compensation. The article is divided into five parts.The first part of the article is about the conception of work-related injury and compensation for work-related injury and the history of compensation for work-related injury. This section not only describes a series of ILO provisions on work-related injuries, but also domestic "Industrial Insurance Rules"and"Social Insurance Law " of China’s legal provisions on work-related injuries. To sum up,work-related injuries or occupational diseases is that injuries or diseases related to professional liability suffered injuries and occupational diseases. The definition of work-related injury includes two aspects, namely injuries caused by the work in the course of their work and diseases caused by occupational accidents ; The compensation for workers for industrial injuries disablement or death, resulting in temporary or permanent loss of working capability, laborers and their families he the right to get material assistance from the state or society when the social insurance system.The second part of the article deals with the relation between compensation for work-related injury and compensation for the loss because the action of torts. According to the competing theory, compensation for work-related injury and compensation for the loss because the action of torts and tort claim is a civil compensation claims were based on different legal norms arising from claims, damages suffered injuries to workers compensation for injuries can enjoy civil compensation claims and tort claims.The third part describes four models the foreign countries used when dealing with workers compensation and tort damages on competing relation , and the pros and cons of four models are analyzed. Select-mode injuries suffered damages in for of workers to choose, but in fact little choice; dual-mode damage to the injured workers suffered the most forable, but the original intention with the work injury insurance system does not match the damage suffered injuries received by workers in the final compensation may be more than its actual loss; substitution-mode in for of workers suffering work-related injuries receive timely compensation for the damage, but the intensity and extent of compensation is not infringing the strength and range of compensation; additional injuries suffered damage model can give compensation to workers in a timely manner, but also recourse to the perpetrators can be retained in order to compensate for injury compensation and the difference between the actual loss is more reasonable compensation for injuries mode.The fourth part of the article is about China’s legislation on workers compensation issues. Work-related injury compensation legislation in China has experienced a single injury insurance compensation model, compensation model and he both the three historical stages. Legislative different rank, inconvenience apply. "Industrial Insurance Rules"and" Social Insurance Law, " not the spirit of the damages into the scope of workers compensation.The fifth part of the article is about how to improve the situation of workers compensation in line with our exploratory research model. Under the circumstances, the application of different compensation models. In the absence of third party infringement cases, the injury did not participate in social insurance enterprise employees, companies can choose to pay compensation in the light of work injury insurance benefits can also be handled in accordance with tort. Employment injury insurance for businesses, the occurrence of occupational accidents in the enterprise there is no fault, to apply the substitution patterns, caused by occupational accidents in enterprises with gross negligence, the application of complementary modalities, in addition to access to injury compensation can also be requested Tort liability companies, to supplement the century, suffered damage. In a third infringement, in the third person at fault or by the case of no-fault law tort liability when, to apply the supplementary model, first by the third party to assume the tort liability, and the gap then the disability social Supplementary Compensation Insurance Fund, can not determine the third person or third person can not afford the tort compensation, social insurance funds in advance from the work injury compensation, work injury insurance fund social recovery of the third person is entitled to a third party shall bear tort liability does not require By the social insurance fund compensation for injury.