Can Civil Compensation And Industrial Injury Compensation Be Controversial?

In 2006, he was hit by a car while he was working. He later passed the industrial injury identification and labor capacity appraisal, but he repeatedly refused to apply for injury insurance treatment to the local social security department.

The staff of the social security department indicated that Chen Huaien had obtained the civil compensation for the infringer and could not enjoy the treatment of work-related injury insurance.

It is understood that how to deal with the relationship between compensation for industrial injury insurance and tort compensation has always been a controversial issue in the field of industrial injury insurance in China. The focus is on whether "single pay" or "double pay" should be implemented.

The reporter's "industrial injury confirmation" and "Notice of labor capacity appraisal conclusion" provided by Chen Huaien's official seal understand that in February 2007, Chen Huaien's accident injury was identified as work-related injury.

In March 2010, his accident injury was identified as grade seven.

"The unit paid the social security fee to me, but from 2010, he went to the industrial injury insurance office of the Heilongjiang Provincial People's social office to apply for work-related injury insurance for many times, and was told"

"No specific provision is made, and can only be made according to local regulations."

Chen Huaien said.

Chen Huaien told reporters that the local social security department is based on the original labor department's 1996 "enterprise workers work-related injury insurance pilot scheme".

It states: "because of industrial injuries caused by traffic accidents, we should first follow the" road traffic accident handling method "and the relevant handling regulations.

The compensation for traffic accident has already paid for medical expenses, funeral expenses, nursing expenses, disability appliances and wages, and enterprises or work-related injury insurance agencies no longer pay the corresponding treatment.

Equivalent to work-related injury allowance ".

However, in January 2004, the "industrial injury insurance Ordinance" was implemented, and the above trial measures were repealed.

The reporter called the Heilongjiang social security hotline 12333, and the staff told reporters, "under normal circumstances, you and others have already been" private ", you can not ask for work-related injury compensation, compensation can not account for two copies.

The reporter has repeatedly dialed two days of the Heilongjiang Provincial Office of the office of the office injury insurance office, no answer.

Wang Dan, a lawyer of Beijing Kyoto law firm, told reporters that

In practice, some provinces and cities have paid double benefits for work-related injury insurance and civil compensation. Some provinces and cities adhere to the "total compensation" compensation for civil compensation and industrial injury insurance compensation.

Jiangsu Tian butterfly law firm lawyers said that some provinces and municipalities still use the "total compensation" compensation method, which is followed by the abolition of the "enterprise workers work-related injury insurance pilot scheme" in the relevant provisions.

The supreme law has issued a corresponding judicial interpretation on this issue.

In 2014, the supreme law "eighth provisions and third provisions on the trial of industrial injury insurance administrative cases" stipulated in the third paragraph: "workers cause industrial injury because of third reasons. The Social Insurance Agency refused to pay industrial injury insurance on the ground that the workers or their close relatives had filed civil proceedings against third people. The people's court did not support it, but the medical expenses paid by third people were excluded."

"In other words, in addition to medical expenses, work-related injury insurance benefits and tort compensation can be obtained."

Wang Dan lawyer said that he had represented similar industrial injury cases in Beijing, and many had been awarded "double claims".