In recent years, when dealing with traffic accident torts and work injuries, most of the courts in various places tend to support double compensation, but the specific scope and project of compensation are different, and the following are the views held by some courts in the adjudication cases of "motor vehicle traffic accident liability disputes" involving work injuries:
1. Support double compensation for traffic accidents and work injuries. Traffic accident tort compensation and work injury insurance treatment, the two have different legal nature, parallel, the injured party can obtain "double compensation".
2. Support double compensation for items other than medical expenses. Where the worker causes damage due to the infringement of a third party, the medical expenses shall be borne by the third party in accordance with law, and if the third party does not pay or cannot determine the third party, the basic medical insurance fund shall pay in advance. After the basic medical insurance fund has paid in advance, it has the right to recover compensation from a third party. The medical expenses paid by the Basic Medical Insurance Fund exclude the right of the injured party to double indemnity in the medical expenses. If medical-related expenses are not covered by the Basic Health Insurance Fund, the claims of the injured party are not binding, such as life insurance claims against the injured party.
3. Support double compensation for lost time. Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases involving Work-related Injury Insurance only stipulates that double compensation for medical expenses is not supported, and does not include lost work expenses. The lost work expenses in the infringing legal relationship are inconsistent with the concept, nature, calculation standard, etc. of the work-related injury suspension period wages in the treatment of work injury insurance, which are not duplicate requests or actual expenses incurred, so the infringing party is not supported to waive or deduct compensation for lost work expenses.
4. Support double compensation for funeral expenses. Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases involving Work-related Injury Insurance only stipulates that double compensation for medical expenses is not supported, and does not include funeral expenses.
5. Double compensation for lost time is not supported. According to Article 20 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, the lost work expenses are calculated according to the actual reduced income, so the victim cannot obtain duplicate benefits for a single act of harm. Where the victim has already received full compensation for lost work from the treatment of the infringing party or one of the party in the work injury insurance, he will no longer support the compensation of the other party, and if he has not yet received the full compensation, he shall support the other party to make up the difference.
6. Double compensation for funeral expenses is not supported. According to the legal principle of "filling in the loss" of personal injury compensation and the inability to obtain an extrajudicial benefit due to the same damage, double compensation is not supported for direct loss or duplicate (competing) items, and the funeral expenses in the tort compensation and the funeral allowance metal in the work injury insurance treatment are of the same nature, so double compensation cannot be obtained. If the victim has already received duplicate item compensation from the treatment of the infringing party or one party in the work injury insurance, the compensation of the other party will no longer be supported.
7. Double compensation for duplicate projects is not supported. According to the legal principle of "filling in the loss" of personal injury compensation and the legal principle that extrajudicial benefits cannot be obtained due to the same damage, double compensation is not supported for direct losses and duplicate (competing) items, such as lost work expenses, nursing expenses, transportation expenses, hospital meal allowances, and living expenses of dependents. Where the victim has already received duplicate project compensation from the treatment of the infringing party or one party in the work injury insurance, he will no longer support the compensation of the other party, and if he has not yet received full compensation, he will support the other party to make up the difference.
8. Do not support the double compensation of the same responsible entity when the infringement and the work injury are competing. According to Article 42 of the Social Insurance Law of the People's Republic of China and 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, if the worker is also a victim of a traffic accident, the infringer must be a third party other than the employer to receive double compensation. An entity that has suffered two or more negative legal evaluations of the same nature based on the same damage facts violates the basic principle of fairness, and therefore does not support double compensation for entities that are both employers and traffic accident infringers.
9. Practical operation tips. The victim of the traffic accident is also a worker (the employer other than the infringer), and can obtain double compensation for the personal injury compensation and the work injury insurance treatment in accordance with the law, but in the handling of specific cases, the traffic accident personal injury compensation and the work injury insurance treatment belong to different legal systems, and the scope and procedure of compensation of the two are different, and when considering the timeliness and maximization of compensation, the following issues should be paid attention to: 1. Consider different regions, 2. The actual situation that different courts have different restrictions on the tort and work injury competition items; 2. Considering the calculation method of specific compensation items when the infringement and work injury are competed; 2. Consider the different time costs and litigation costs of torts and work injuries; 2. Consider the enforceability of each indemnity item after the award of compensation, so as to avoid the unenforceability of the judgment after the award of compensation by one party and the non-support of the claim against the other party; In the case that the user unit fails to pay the work-related injury insurance premium in accordance with the law, the employer shall compensate the employee in accordance with the treatment of the work-related injury insurance.
