The Rights to Claim for Industrial Injury Compensation and Tort Compensation are Applicable to the Law: Taking Fu and Li v. a Passenger Transport Company as an Example

Abstract

In the case of third-party tort, due to the lack of clear and detailed provisions on the treatment of employee’s industrial injury insurance payment and tort damage compensation, the judicial theory and practice have brought many disputes. Through combing the current relevant laws and regulations, it can be found that the application of the two systems will lead to the overlapping of industrial injury compensation. This paper analyzes the problems arising from the concurrence of industrial injury compensation and tort compensation using the case of Fu and Li v. a passenger transport company, and puts forward some ideas and suggestions on how to improve the settlement measures of such cases.