论工伤事故多种补偿机制的适用关系

随着各国法律制度的健全,对于工伤事故人身伤害出现了多元的赔偿或补偿机制。我国现阶段处理工伤保险与民事损害赔偿之间的适用关系,建议借鉴多数国家所采用的补充模式。工伤保险与人身保险中的意外伤害保险等险种,不存在重复给付问题。处理工伤保险与雇主责任险、公众责任险、机动车责任保险、交通事故社会救助基金的竞合关系时,要避免重复给付。

On the Applicability Relations of the Several Compensation Mechanisms for Industrial Accidents

With the improving of legal systems, countries have established multiple compensation systems for industrial accidents. It is suggested that, in present-day China, the handling of applicability relations between industrial accidents and civil damage compensations should learn from the complimentary mode employed by most countries. There is no double payment in the following two insurances: industrial accident insurances and accident damage insurance covered by personal insurance. In handling the relations of industrial accident insurances to employer's responsibility insurance, public responsibility insurance, motor vehicles responsibility insurance, and social assistance funds for traffic accidents, double payment should be avoided.