Abstract
Industrial accident is an inevitable problem in modern society. In general, the personal injury which workers suffered from industrial accidents and occupational diseases is usually referred to as work-related injury. Because industrial accidents encroach on the personal rights (life right, health right, or body right) of laborers, it is undoubtedly one of the missions of tort liability law to recover the loss of the victim.
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Notes
- 1.
Zheng (2004).
- 2.
Wang (1998).
- 3.
Dupeyroux and Pretot (2002).
- 4.
Wang (1998, 284).
- 5.
Zhou (2003).
- 6.
Zhou (2004).
- 7.
Zhong (2000).
- 8.
Purse (2000).
- 9.
Tong (2004).
- 10.
Strahl (1959).
- 11.
Markesinis and Dias (1989).
- 12.
Generally speaking, the work-related injury insurance system is consisted of the compensation system for work-related injury, the recovery and salvation for work-related injury, and the prevention of work-related injury. It is thus clear that the work-related injury insurance system also includes the mechanism of preventing work-related injury accident.
- 13.
Li (2000).
- 14.
Wang (1998, 295).
- 15.
Lv (2003).
- 16.
Friedmann (1949).
- 17.
Lv (2003).
- 18.
Wang (1998, 296).
- 19.
Lin (2002).
- 20.
Chinese Civil Law Cases and Theoretical Research Law of Torts, at 216 (The Law Press, 1998).
- 21.
Li (2002).
- 22.
Bian et al. (2002).
- 23.
Liu (2002).
- 24.
Lv (2003).
- 25.
Chen (2004).
- 26.
If the concurrent mode is applied here, then the result is the same accidents will result in the same damage, but the employee may receive different compensation due to the intervene of the third party, and it is obviously unfair.
- 27.
Huang (2003).
- 28.
Dong (2001).
- 29.
Id., 176.
- 30.
Id., 169.
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Zhang, X. (2018). The Relation Between the Right to Claim for Compensation from Work-Related Injury Insurance and the Right to Claim Compensation for Personal Injury. In: Legislation of Tort Liability Law in China. Springer, Singapore. https://doi.org/10.1007/978-981-10-6961-1_13
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