2007•Journal of Northwest University of Political Science and LawRequires access
Industrial Injury Compensation:origin,problems and resolution
LI Kun-gan
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Abstract
The social industrial injury compensation system emerged as a means to the settlement of constant occurrence of industrial injuries;in many countries the workers get the compensation on the condition that they lose their rights to bring suits on tort liability against the employers.In China,the situation is the same in many circumstances.The difference between injury compensation and tort liability resulted in two problems:the lower compensation of the workers and the employers' neglect in security,which requires the connection between industrial injury compensation and liability in torts.The industrial injury compensation should only apply to the non-fault liability while the liability in torts should apply to the fault liability.The relationship between them is supplementary.