After receiving workers compensation, can I claim tort compensation again?

OK. First of all, work-related injury insurance benefits cannot exempt the tortfeasor from civil liability. The Work-related Injury Insurance Law is a category of social insurance law, with the nature of "public law", with the basic concept of social association and social risk theory, and the purpose of safeguarding the basic right of survival of workers, aiming to ensure that workers receive necessary relief when they are injured due to work, and prevent them from falling into difficulties in their lives.

However, tort compensation implements the principle of fault liability. Compensation for third-party tort is a civil liability that the victim should bear in accordance with the law, which cannot be replaced by a work-related injury insurance institution, nor can it be exempted because the victim has received work-related injury insurance benefits. Second, work-related injury insurance payment and tort damages are different claims and cannot be substituted for each other.

Both claims can exist independently, and the extinguishment of one claim does not automatically entail the extinction of the other. Receiving work-related injury insurance benefits cannot replace or extinguish the victim's right to claim tort compensation. Finally, double indemnity is feasible.

Article 48 of the Work Safety Law and Article 52 of the Law on the Prevention and Treatment of Occupational Diseases stipulate that employees can receive double compensation for work-related injuries.

After the workers' compensation is made, you can claim tort compensation. According to the relevant laws and regulations, if an employee suffers a work-related injury due to a third party, and the social insurance agency refuses to pay work-related injury insurance benefits on the grounds that the employee or his close relatives have already filed a civil lawsuit against the third party, the people's court will not support it. It can be seen that if an employee causes a work-related accident caused by a third party, he or she can enjoy both work-related injury compensation and tort compensation.

1. What should I do if the time for work-related injury recognition has passed?

If the time for work-related injury determination has passed, if it is caused by the following reasons that do not belong to the employee or his close relatives, he or she can apply to the overall regional human resources and social security bureau for work-related injury determination; If the Human Resources and Social Security Bureau does not accept it, it may file a civil lawsuit for relief

1. Force majeure;

2. Personal freedom is restricted;

3. It is the reason of the employer;

4. The registration system of the social insurance administrative department is not perfect;

5. The parties apply for arbitration and file a civil lawsuit on whether there is a labor relationship.

If the statute of limitations for the determination of work-related injury is exceeded due to the employee's or his close relatives' own reasons, the work-related injury cannot be recognized and the company can negotiate with the company to compensate for the personal injury.

2. How to deal with work-related injuries that are not recognized.

If the work-related injury is not recognized, the relevant units or individuals may apply for administrative reconsideration in accordance with the relevant provisions of Article 55 of the "Regulations on Work-related Injury Insurance", and may also file an administrative lawsuit with the people's court in accordance with the law. Article 55 of the Regulations on Work-related Injury Insurance provides that in any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, or may file an administrative lawsuit with the people's court in accordance with the law: (1) the employee applying for the determination of work-related injury or his close relatives and the unit to which the employee belongs are not satisfied with the decision that the application for work-related injury determination is not accepted; (2) The employee applying for a work-related injury determination, his or her close relatives, or the worker's unit is not satisfied with the conclusion of the determination of the work-related injury next to the employee; (3) The employer is not satisfied with the unit payment rate determined by the handling agency; (4) The medical institution or assistive device allocation institution that signed the service agreement believes that the handling agency has not performed the relevant agreement or provisions; (5) The injured employee or his close relatives have objections to the work-related injury insurance benefits approved by the handling agency.

3. The difference between the types of legal insurance for work-related injury compensation and tort compensation.

If a work-related injury is caused by a third-party tort, the injured employee can receive both tort compensation and work-related injury compensation. However, if a third party has already been compensated for infringement, the work-related injury insurance** or the employer will no longer pay the repetitive compensation items such as medical expenses, nursing expenses, transportation expenses, hospital meal subsidies, disability equipment assistance expenses and funeral expenses.

Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

If a worker of an employer who is required to participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury due to a work-related accident, and the worker or his close relatives file a lawsuit with the people's court requesting the employer to bear civil liability for compensation, he or she shall be informed that it shall be handled in accordance with the provisions of the Regulations on Work-related Injury Insurance.