Whether the injured party can obtain double compensation for tort damages from a third party and work injury insurance benefits

After a motor vehicle traffic accident has filed a road traffic accident liability dispute lawsuit with the people's court to obtain compensation, is it contrary to the principle of compensation to apply for work injury and determine that the work injury insurance treatment is obtained? Should the benefits of work-related injury insurance be deducted from the compensation already received?

On the question of whether work injury insurance and traffic accident compensation can be compensated both

Some people hold that if an employee suffers damage from a third party such as a traffic and motor vehicle accident on the way to and from work, or suffers accidental injury in the course of performing his or her job duties and completing work tasks, and is recognized as a work injury and a work injury according to the provisions of the Regulations on Work-related Injury Insurance, if the relevant treatment of third-party liability compensation has reached the relevant standards for the treatment of work-related injury insurance, the employer or social insurance agency will no longer pay the relevant treatment; if the third-party liability compensation is lower than the relevant treatment of work-related injury insurance, or other reasons, the injured employee has not been compensated The employer or social insurance agency shall make up for the relevant benefits of work injury insurance in accordance with the regulations. This supports the principle of loss-filling.

However, the basis of the right to claim compensation for personal injury caused by a third party is tort liability, which is a civil legal relationship between equal civil subjects, and tort compensation is ordinary civil compensation, which belongs to the field of private law; work injury belongs to the labor law relationship between the employer and the employee, and work injury compensation is social insurance treatment compensation, which belongs to the field of public law. Based on different legal relationships, different claims for compensation arise, namely tort compensation and work injury compensation, the basis of these two claims is independent of each other, and double compensation cannot be waived because the current law competes with the treatment of work injury insurance and the third party's tort liability, whether there is no clear provision for double compensation, and the compensation items and calculation standards are different.

Paragraph 2 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 stipulates that if an employee is injured at work due to a third party, and the social insurance administrative department has already made a determination of work-related injury, and the employee or his close relatives have not filed a civil lawsuit against the third party or have not yet received civil compensation, and sues for the social insurance agency to pay the work-related injury insurance treatment, the people's court shall support it.

Paragraph 3 of Article 8 provides:

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 already filed a civil lawsuit against the third party, the people's court shall support it.

In other words, the liability for work-related injury insurance and the liability for tortious compensation belong to different ways of bearing responsibility under different legal relations, and in the case of a third-party infringement that results in a work-related injury, the employee has the right to claim the treatment of work-related injury insurance in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance, and the employee can still claim work-related injury insurance liability from the employer in addition to medical expenses after receiving corresponding compensation based on the tortious legal relationship.

Whether the work injury insurance treatment deducts the expenses already compensated for the infringement of the third party

Paragraph 2 of Article 62 of the Regulations on Work-related Injury Insurance: Where a person shall participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in the work-related injury insurance, the employer shall pay the expenses in accordance with the treatment items and standards of the work-related injury insurance stipulated in these Regulations.

The employer shall pay the work-related injury insurance premium for all employees of the employer. Based on the occurrence of work-related accidents, a work-related injury insurance compensation relationship is formed between the employee and the employer, and the injured employee has the right to claim compensation for work-related injury insurance. Therefore, the nature of work injury insurance and civil tort compensation is different, the treatment of work injury insurance belongs to the field of public law compensation, personal injury compensation belongs to the field of private law compensation, the two can not be mixed, nor can they be substituted for each other; the work injury insurance benefit is paid by the employer rather than the infringing third party, then the third party other than the employer bears civil liability can not exempt the employer's work injury insurance fund to pay the injured employee's work injury insurance treatment statutory obligations. Otherwise, the Work-related Injury Insurance Fund would have the privilege of enjoying rights without incurring obligations.

Accordingly, according to the provisions of 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, employees may either claim civil tort compensation from the infringing third party or from the Work-related Injury Insurance Fund for work-related injury insurance benefits, in addition to the medical expenses for work-related injuries, that is, work-related injured employees can enjoy work-related injury insurance benefits and obtain civil tort compensation at the same time. The liability of the injured employee shall not be exempted or reduced because the injured employee has been compensated by one party in advance and the actual loss has been compensated in whole or in part.

In judicial trial practice, there are many appeals in cases related to this, and after the author's judgment and interpretation of the litigation cases, it is believed that when such third-party damages compete with work injury insurance, the existing law does not stipulate that workers cannot obtain double compensation, so the victims enjoy two different types of rights, namely, the right to claim to tort debts and the right to claim work injury insurance treatment, which are not in conflict according to the current legal provisions, and can be enjoyed at the same time in judicial trial practice. Both the employer and the infringer shall bear their respective liabilities for compensation in accordance with the law, and even if the right holder has obtained compensation from one of the parties in advance, the compensation liability of the other party cannot be exempted or deducted.