Through the effective judgment documents of the Higher People's Court of Jilin Province, the author analyzes the court's judgment rules on this issue in the judicial practice of Jilin Province.
Judgment document: The Higher People's Court of Jilin Province (20 15) Ji Min Tizi No.23 Retrial of Labor Dispute between a Pharmaceutical Company and Wang Moumou.
Brief introduction of the case
Wang Moumou is a drug salesman of a pharmaceutical company. In August 2008, Wang took a motorcycle driven by a friend to the pharmacy to deliver medicine. A traffic accident occurred on the way, causing Wang to be injured and was taken to the hospital for treatment. * * * Medical expenses 43 1 15.6 yuan. After the accident, Tonghua City Human Resources and Social Security Bureau identified it as a work-related injury, and Tonghua City Labor Ability Appraisal Committee identified it as an eight-level disability. In September 2008, Wang appealed to the People's Court of Luancheng County, Hebei Province for a traffic accident dispute, and the court awarded Wang compensation of 122682.438+07 yuan. Later, Wang appealed to the court and asked the pharmaceutical company to pay work-related injury insurance benefits. The focus of the dispute in this case is whether Wang can get work-related injury insurance after receiving compensation from a third party.
The court held that
According to Article 12 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: "If an employee of an employer who should participate in the overall planning of industrial injury insurance according to law suffers personal injury due to an industrial accident, the employee or his close relatives bring a lawsuit to the people's court and request the employer to bear civil liability for compensation, and inform him to handle it in accordance with the provisions of the Regulations on Industrial Injury Insurance. If the obligee requests a third party to bear civil liability for compensation, and the personal injury of the laborer is caused by the infringement of a third party other than the employer, the people's court shall support it. " At present, the existing laws, regulations and judicial interpretations are not clear about whether the victim can get compensation from work-related injury insurance after receiving civil compensation. According to the spirit of the aforementioned judicial interpretation, after obtaining civil compensation from the accident party (the third party), the victim can also apply to the industrial injury insurance institution for compensation for industrial injury insurance benefits in accordance with the provisions of the Regulations on Industrial Injury Insurance. The compensation system of industrial injury insurance is characterized by special protection for workers who have suffered industrial injuries, and it is a law to protect the rights of workers, rather than simply compensating the specific losses of victims. Tort damage compensation and industrial injury insurance compensation protect two different legal interests, which are different on the basis of legislative purpose and claim right. Therefore, the two kinds of compensation for victims neither violate the "fairness principle" of tort compensation, nor belong to profit-making, and the benefits of industrial injury insurance and tort compensation can have both.
The author thinks that because the laws, regulations and judicial interpretations of our country do not clearly stipulate that industrial injury insurance benefits and tort compensation can be obtained at the same time, according to the civil law theory of "the law can do it without prohibition", when the victim suffers personal injury from a third person and meets the conditions for ascertainment of industrial injury, the victim has the right to claim compensation for personal injury from the infringer, and what's more, he has the right to enjoy industrial injury insurance benefits. The former is based on the claim of personal injury compensation, and the latter is the claim of industrial injury insurance compensation. Although it seems that the victim is "profiting from the injury", it does not exempt the infringer from the liability for tort compensation and the social security agency or the employer from paying the treatment of work-related injury insurance.
Article 2 of the Tort Liability Law stipulates that "anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this Law." If the victim gets compensation from work-related injury insurance, the infringer is exempted from tort liability, which is equivalent to the infringer buying "work-related injury insurance" for an unspecified working victim. When an infringement event occurs, the social security agency or the victim's employer may be required to perform the tort liability on its behalf. At this time, the protection of workers' labor rights by industrial injury insurance is different from compulsory insurance, which does not meet the legislative purpose of the Industrial Injury Insurance Ordinance.
Article 2 of the Social Insurance Law stipulates: "The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance to protect citizens' right to get material help from the state and society according to law in cases of old age, illness, industrial injury, unemployment and maternity. "Social insurance is a welfare treatment for citizens, and citizens' enjoyment of social insurance treatment is a basic right of citizens and should not be subject to any restrictions.