I am a lawyer Zou Qiming in Hangzhou, and the regulations on work injury insurance stipulate that on the way to and from work, traffic accidents that are not my main responsibility can be recognized as work injuries and enjoy the treatment of work injury insurance. Tort Liability Law For motor vehicle traffic accident disputes caused by traffic accidents, the victim may require the driver who caused the accident to bear tort liability. At this time, the injured worker is also a victim of a traffic accident, and after asking the driver for compensation, he applies for work injury insurance treatment, and if he can support it, he can get double compensation. At present, many provinces support double compensation, but the medical expenses that have been paid should be deducted, the main reason is that the Tort Liability Law and the Work Injury Insurance Regulations are different basis for claims, and the compensation obtained separately is in accordance with the law, but the medical expenses are actually only generated. The following are similar cases searched:
(2017) Yu 13 Min Zhong No. 1598: Paragraph 3 of Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance implemented on September 1, 2014 stipulates: "Where an employee is injured due to a third party and the social insurance agency refuses to pay the work-related injury insurance benefits on the grounds that the employee or his close relatives have filed a civil lawsuit against the third party, the people's court will not support it, except for the medical expenses already paid by the third party". Accordingly, the spirit of the legislation clearly confirms that workers who are injured at work due to a third party are entitled to double compensation in addition to medical expenses.
(2016) Gui 08 Min Zhong No. 1092: According to Article 12 of the Interpretation on Compensation for Personal Injury, the right of victims of work injuries caused by traffic accident injuries to obtain double compensation for tort compensation and work injury insurance treatment is not denied. According to the Reply of the Supreme People's Court on the Question of Whether Employees or Their Relatives Who Have Been Injured as a Result of a Work Injury Caused by a Third Party Can Still Obtain Compensation for Work Injury Insurance After Obtaining Civil Compensation ((2006) Xingtazi No. 12), "According to Article 48 of the Work Safety Law of the People's Republic of China and Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, after an employee or his close relatives who have caused a work injury due to a third party have received civil compensation from a third party, In accordance with the provisions of Article 37 of the Regulations on Work-related Injury Insurance, the applicant may apply to the Work-related Injury Insurance Agency for compensation for work-related injury insurance benefits in accordance with the spirit of the provisions, and the victims of work-related injuries caused by traffic accident injuries still have the right to obtain work-related injury insurance benefits in accordance with the law after obtaining civil compensation from the tortfeasor of the traffic accident. Therefore, the appellant's appeal that the appellee had already received damages from the traffic accident infringer and that it should no longer pay the appellee the benefits of work injury insurance had no legal basis and was not adopted by this court.
(2017) Min 05 Min Zhong No. 3093: Hu Sanwu was crushed and died on the spot after being thrown out of the sprinkler during working hours due to a collision with other vehicles belonging to the Quanzhou Municipal Landscape Administration. The accident was determined by the traffic police department that the sprinkler truck belonging to the Quanzhou Municipal Landscape Administration Bureau and the driver of another vehicle that caused the accident bear the same responsibility for the accident. Therefore, the Quanzhou Municipal Landscape Administration Bureau shall bear the same civil tort compensation liability for the death of Hu Sanwu due to traffic accident as another vehicle that caused the accident. On September 23, 2016, the death caused by the injury suffered by Hu Sanwu was determined to be a work-related death, and Hu Sanwu was injured and died during working hours, and the corresponding work injury insurance treatment compensation was obtained, but because the Quanzhou Municipal Garden Administration did not pay the work injury insurance premium for Hu Sanwu in accordance with the provisions of the "Regulations on Work Injury Insurance", the work injury insurance treatment of Hu Sanwu should be borne by the Quanzhou Municipal Garden Administration. The Garden Administration shall pay a one-time work-related death allowance of RMB623,900 to Lin Aizhu, Hu Ziyuan and Hu Lingling due to the death of Hu Sanwu at work, and shall pay Lin Aizhu a monthly pension of RMB660 for the maintenance of relatives until Lin Aizhu's death from September 2016 onwards. The Quanzhou Municipal Garden Administration's claim that Lin Aizhu, Hu Ziyuan and Hu Lingling should not receive double compensation lacks basis and is not supported.
(2020) Chuan 09 Min Zhong No. 379: Shehong County Yuzong Hotel believes that the one-time disability allowance, one-time disability employment subsidy, and one-time work injury medical subsidy in Cui Mingjing's work injury insurance treatment should be deducted from the compensation obtained by the third party, and according to the spirit of Article 10 of the Minutes of the Eighth National Court Civil and Commercial Trial Work Conference (Civil Part), the employer has not paid the work injury insurance premium in accordance with the law, and the employee has caused personal injury due to the infringement of the third party and constitutes a work injury, and the infringer has already compensated The employee has the right to request the employer to pay the work-related injury insurance treatment in addition to the medical expenses. If the employer pays the work injury insurance treatment in advance, it may recover the medical expenses from the third party within the scope of the liability for compensation. Therefore, the proposition of Yuzong Hotel in Shehong County cannot be established.
(2016) E11 Min Zhong No. 334: In accordance with the spirit of the Reply of the Supreme People's Court on the Question of Whether Employees or Their Relatives Who Have Suffered Work Injuries Caused by Third Parties Can Still Obtain Compensation for Work-related Injury Insurance After Obtaining Civil Compensation ((2006) Xingtazi No. 12), employees or their close relatives who have caused work-related injuries due to third parties may apply to the Work-related Injury Insurance Agency for compensation for work-related injury insurance benefits in accordance with Article 37 of the Regulations on Work-related Injury Insurance. Paragraphs 2 and 3 of Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance stipulate that "where an employee is injured due to a third party, and the social insurance administrative department has made a determination of work injury, and the employee or his close relatives have not filed a civil lawsuit against the third party or has not yet received civil compensation, and the lawsuit requires the social insurance agency to pay the work-related injury insurance treatment, the people's court shall support it." Where an employee is injured at work due to a third party and the social insurance agency refuses to pay the work-related injury insurance benefits on the grounds that the employee or his close relatives have already filed a civil lawsuit against the third party, the people's court will not support it, except for the medical expenses already paid by the third party. It can be seen from the above provisions that if an employee is injured due to a third party, the injured employee or his close relatives can not only obtain civil compensation, but also enjoy the treatment of work injury insurance. However, the benefits of work-related injury insurance shall be deducted from the medical expenses already received from the third party. Therefore, in this case, Wang Mouzhou's relatives can be killed due to the infringement of a third party in addition to the work injury insurance treatment and civil tort compensation, Luotian County Yongfei Chemical Co., Ltd. proposed in the appeal of the work injury and tort liability competition to adopt the "make up difference" system, the appellee has been compensated by a third party for the infringement relationship, according to the work injury and law at that time, even if the labor relationship is, the appellant does not need to compensate the litigation request of this court not to support.
(2015) Changzhong Min Si Zhong Zi No. 03751: Zhou Shunan has filed a civil lawsuit with the Qingyuan Xin district people's court in Qingyuan City, Guangdong Province for the traffic accident, and the case has made a (2013) Qingxin Law He min Chu Zi No. 365 civil judgment, and Zhou Shunan's claim for funeral expenses, death compensation, transportation expenses, and consolation money for mental damage has been supported. If the worker's personal injury caused by the infringement of a third party constitutes a work injury, the worker still has the right to request the management agency of the work injury insurance fund to pay the work injury insurance treatment after receiving the damage compensation paid by the third party, but the work injury insurance fund may not pay the actual expenses incurred by the third party for medical expenses, nursing expenses, nutrition expenses, transportation expenses, hospital meal subsidies, ×× equipment assistance fees and funeral expenses that have been paid by the third party. Yuhua Company did not purchase work injury insurance for Xu Jianjun, Zhou Shunan requested that the work injury compensation payment be paid by Yuhua Company, Zhou Shunan's request for funeral expenses of 27842 yuan in the (2013) Qingxin Fa He Min Chu Zi No. 365 Civil Judgment has been supported, and the funeral allowance requested by Zhou Shu Nan and the funeral fee requested by (2013) Qing XinFa He Min Chu Zi No. 365 are duplicate parts, because the funeral allowance has been compensated, so this case does not support Zhou Shu Nan's request for funeral allowance. The one-time death benefit and the pension for dependent relatives are not duplicate parts, and Yuhua Company should still pay them according to law.
(2021) Anhui 05 Min Zhong No. 1243: Zheng Pugang Municipal Co., Ltd. has no objection to Liu Nianying being an employee of its unit and engaged in cleaning work. The focus of the dispute between the two parties was whether Liu Nianying's injury was caused by a traffic accident on the way to and from work; whether his injury constituted a work injury; and whether Zhengpu Port Municipal Company should bear the liability for compensation for work injury and the amount of compensation. The fact is confirmed by the fact that Liu Nianying's injury was confirmed by an effective judgment due to a traffic accident on the way to and from work. As to whether Liu Nianying's injury should be governed by the Regulations on Work-related Injury Insurance and whether it constituted a work-related injury, the two parties had claimed their respective rights through various remedies such as labor arbitration and administrative litigation, and the effective administrative judgment confirmed that liu Nianying's injury was a work-related injury, and the employer was Zhengpu Port Municipal Company, so the opinions on the application of law and other opinions submitted by Zhengpu Port Municipal Company on appeal did not fall within the scope of application in civil cases. At present, Liu Nianying claims that Zhengpu Port Municipal Corporation bears the liability for work injury compensation in accordance with the law according to the effective administrative judgment. As for the appeal of Zhengpu Port Municipal Corporation, it was pointed out that there was a problem of duplication between the compensation obtained by Liu Nianying and the tort compensation project, because Liu Nianying claimed rights to Zhengpu Port Municipal Corporation based on different basic legal relationships, and according to relevant regulations, Liu Nianying had the right to request Zhengpu Port Municipal Company to pay work injury insurance treatment other than medical expenses.
(2020) Yu 01 Min Zhong No. 5096; On the question of whether the compensation already received in Xu Tingmei's traffic accident should be deducted from the treatment of work injury insurance. When the treatment of work-related injury insurance and the liability for compensation for infringement are competed, on the one hand, damages can be claimed from the infringer in accordance with the Tort Law, and on the other hand, insurance payment can be requested in accordance with the regulations on work-related injury insurance, because the basis of the two claims is different, the principle of attribution and the scope of protection of rights are different, and they are not mutually exclusive. Work injury insurance implements the principle of no-fault liability, as long as the work injury occurs, the employee should enjoy the treatment of work injury insurance, even if the employee receives double compensation, it does not damage the rights and interests of the unit or the infringer (except for medical expenses). Xu Tingmei's injury was recognized as a work injury, and Rena Company, as the employing unit, should bear the main responsibility of the employing body and pay Xu Tingmei's work injury insurance treatment. Rena Company believes that the compensation received by Xu Tingmei should be deducted, there is no legal basis, and its grounds for appeal cannot be established.
(2020) Zhejiang 01 Min Zhong No. 963: Article 32 of the Regulations of Zhejiang Province on Work-related Injury Insurance stipulates: "If the work-related injury is caused by a third party, the injured employee may first claim compensation from the third party... If the injured employee first claims compensation from a third party, and the amount of compensation is lower than the work injury insurance benefits that he or she should enjoy in accordance with law, he may request the work injury insurance fund or the employer to pay the difference. "The court of first instance's treatment of nursing fees, assistive device fees and hospital meal allowances complied with the provisions of the Ordinance, and Haifu Company appealed that the payment of the relevant funds was a duplicate compensation and lacked factual basis, and this court did not accept it." Haifu Company's claim that the wages for the period of suspension of work should be deducted because Zhu Zhengming had already been compensated in the traffic accident for lost time, which lacked a legal basis and was not accepted by this court.