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The Analysis of Coincidence Form between Compensation for Industrial Injury and Compensation for Tort

Hongmei Chen

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Abstract

The coincidence form between compensation for industrial injury and compensation for tort has many ways after industrial injury happened.The paper maintains that the coincidence form which caused by employer should use relieving the tortfeasor model,and the coincidence form which caused by the third party should use cumulation model,in accordance with the legal analysis of two different situations between compensation for industrial injury and compensation for tort.Then it proposes some adaptive legal suggestions.

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What this paper is about

The coincidence form between compensation for industrial injury and compensation for tort has many ways after industrial injury happened.The paper maintains that the coincidence form which caused by employer should use relieving the tortfeasor model,and the coincidence form which caused by the third party should use cumulation model,in accordance with the legal analysis of two different situations between compensation for industrial injury and compensation for tort.Then it proposes some adaptive legal suggestions.

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Available abstract

The coincidence form between compensation for industrial injury and compensation for tort has many ways after industrial injury happened.The paper maintains that the coincidence form which caused by employer should use relieving the tortfeasor model,and the coincidence form which caused by the third party should use cumulation model,in accordance with the legal analysis of two different situations between compensation for industrial injury and compensation for tort.Then it proposes some adaptive legal suggestions.

Key concepts: Compensation (psychology), Coincidence, Tort, Compensation methods, Business, Law and economics, Law, Computer science

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