Can third party compensation be used to offset employer s compensation?

Updated on society 2024-04-26
33 answers
  1. Anonymous users2024-02-08

    Because the third person compensation cannot reduce the employer's liability, the employer's compensation cannot be reduced in any way, but if you pay the employee insurance, then you can offset part of the compensation.

  2. Anonymous users2024-02-07

    The third-party compensation can be used to offset the employer's compensation, because the third party appears in the form of a guarantor, and he is the third party who guarantees the compensation when there is a loan dispute between Party A and Party B, so the third-party compensation can be used to offset the employer's compensation.

  3. Anonymous users2024-02-06

    In the event of an accident, the employer and the third party are often held separately and separately. The liability of the third party cannot be offset against the liability of the employer, so the compensation of the third party cannot be offset against the employer's compensation.

  4. Anonymous users2024-02-05

    In the case of third-party compensation, it can generally be used to offset the employer's compensation, but the scope of his understanding may be relatively small.

  5. Anonymous users2024-02-04

    If the third party pays this compensation, this can eliminate some of the employer's compensation, and if this is okay, it can reduce the burden on the employer.

  6. Anonymous users2024-02-03

    The third person's compensation does not necessarily offset the employer's compensation. If the two are jointly and severally liable, the third person's compensation can be offset against the employer's compensation, but after the case is completed, the employer needs to compensate the third person for the amount he deducted. In the case of share liability, there is no deduction.

    If it's voluntary, of course it's possible.

  7. Anonymous users2024-02-02

    Of course, this is possible, and of course it can be used to offset the employer's compensation.

  8. Anonymous users2024-02-01

    The compensation of the third party can be offset against the employer's compensation, and as long as it is compensation, part of the employer's compensation can be deducted if both parties have employment and rest.

  9. Anonymous users2024-01-31

    The third-party compensation can be used to offset the employer's compensation, in fact, this can be compensated in accordance with the law, not what you have checked, what you say is false, there are legal provisions, and the legal ruling will be enforced.

  10. Anonymous users2024-01-30

    The third person should not be able to deduct the species compensation when he comes back, and this is a variety of yards that need to be used separately.

  11. Anonymous users2024-01-29

    No, there must be an agreement or judgment for such compensation, which should have a clear definition of liability and compensation, and once signed by both parties, it will have legal effect, so you can quickly look at the agreement or judgment, and everything will be clear.

  12. Anonymous users2024-01-28

    Can third party compensation be used to offset employer's compensation? If the amount of compensation has been determined, the third party may offset it. Employer's compensation.

  13. Anonymous users2024-01-27

    According to the relevant laws, if it is a liability accident, everyone has their own legal responsibility. In other words, the compensation of the third person cannot be offset against the employer's compensation.

  14. Anonymous users2024-01-26

    In the case of third-party compensation, the employer's compensation can be deducted, and there are corresponding provisions in the law, so you can take a look.

  15. Anonymous users2024-01-25

    The compensation of the third party can be deducted. Employer's compensation? If it's an indemnity. Of course, you can, you should ask a lawyer for specific questions, and the lawyer will tell you how to deal with this problem?

  16. Anonymous users2024-01-24

    Thirdly, the compensation of the indemnifier should be the reserve amount of the employer's compensation, because they are all those compensation, so they can be offset against each other.

  17. Anonymous users2024-01-23

    This sentence is correct in this understanding, and if it is the compensation of a third party, it is possible to reduce the amount of compensation of the employer, and the insurer of the third party will compensate for the rest, and then ask for other information to compensate.

  18. Anonymous users2024-01-22

    Can the compensation of the third party be deducted from the joint compensation, and the compensation made by the third party is not deductible, and it is not allowed. In the case of this earthly compensation, it must be a third person.

  19. Anonymous users2024-01-21

    Can the third round of compensation be used to offset the employer's compensation payment? It depends on the wishes of both parties, and if the hospitals of both parties agree, it should be able to be deducted.

  20. Anonymous users2024-01-20

    It depends on the relationship between the third party and the employer, and if it is not to help the employer compensate, it cannot be reduced.

  21. Anonymous users2024-01-19

    It is difficult to say that the specific situation is not clear, it depends on whether the two are jointly and severally liable and other situations you mentioned, and the specific situation can be analyzed on a case-by-case basis.

  22. Anonymous users2024-01-18

    If the total amount of compensation is fixed, the third party will compensate more, and the employer will be less, so I am afraid that he is not a fixed third party, but a third party, and the employer is the employer.

  23. Anonymous users2024-01-17

    OK. It's just that the compensation ratio is large and small.

  24. Anonymous users2024-01-16

    Article 11 The employer shall be liable for compensation for personal injury suffered by an employee in the course of engaging in employment activities. If a third party outside the employment relationship causes personal injury to the employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

  25. Anonymous users2024-01-15

    Hello, it can be negotiated and handled, as long as the compensation is approved.

  26. Anonymous users2024-01-14

    The third person is less every day, and it is understandable that the employer sprays cool money, it should be okay.

  27. Anonymous users2024-01-13

    A third party can be reduced for the employer.

  28. Anonymous users2024-01-12

    The third-party compensation can be used to offset the employer's long-term payment, which should be different, and it is impossible to conduct a normal medical examination.

  29. Anonymous users2024-01-11

    This cannot be withdrawn, because according to the law, it is a claim for compensation for every responsible party.

  30. Anonymous users2024-01-10

    According to personal injury compensation, the employer is jointly and severally liable.

  31. Anonymous users2024-01-09

    You can find your employer for compensation. After the employer compensates, seek compensation from a third party.

  32. Anonymous users2024-01-08

    Q: My husband was employed by Mr. He in a private company to work as a truck driver, and not long ago, he died in a car accident on the way to deliver goods as assigned by Mr. He. After mediation presided over by the town judicial office, He agreed to compensate my family for various losses totaling 270,000 yuan at one time.

    He had purchased driver's accident insurance with an insurance amount of 50,000 yuan and an employer's liability insurance with an insurance amount of 30,000 yuan for my husband. With the assistance of Mr. He, I received 80,000 yuan of insurance money from the insurance company, and He asked for the 80,000 yuan of insurance money to offset the damages. Excuse me, Geng Ping replied

    The employer shall be liable for compensation for personal injury suffered by the employee in the course of employment, and the liability for the employee's injury is a tort liability applicable to the principle of no-fault. In order to prevent the victim from unjust enrichment, when the victim receives benefits based on the same cause of damage, the benefits obtained shall be deducted from the amount of compensation requested by the victim, and the compensation obligor shall only compensate for the difference, that is, the principle of offsetting profits and losses.

    Article 68 of the Insurance Law of the People's Republic of China stipulates that: "In the event of death, disability or illness or other insured accidents caused by the acts of a third party, the insurer shall not have the right to recover from the third party after paying the insurance money to the insured or beneficiary." However, the insured or beneficiary still has the right to claim compensation from a third party.

    This provision shows that since human life cannot be valued in terms of money, it cannot be compensated for its actual value in the same way as property loss. After the victim or beneficiary of a personal injury obtains the personal injury compensation insurance money, it does not affect his or her right to claim damages from the perpetrator. The purpose of insurance compensation is to transfer the victim's losses to all policyholders, not to reduce the liability of the perpetrator, and the occurrence of the right to claim insurance payment is based on the insurance contract that stipulates the payment of insurance premiums, and the right to claim damages arising from the tort is not for the same reason, and there is no corresponding causal relationship between the two.

    Therefore, in tort cases, the principle of offsetting profits and losses does not apply to personal injury compensation insurance benefits.

    Employer's liability insurance is an insurance that reduces the employer's liability by paying a certain amount of insurance premiums to the insurance company on the premise of the existence of an employment relationship, with the employer as the insured, and the insurance company being responsible for compensating for the loss of the employee's liability when the employer is liable for compensation in the event of an accident due to work. Employer's liability insurance is a property insurance contract in a broad sense, and the principle of profit and loss should be applied.

    The 80,000 yuan of insurance money you received from the insurance company, of which 50,000 yuan is based on the life insurance money paid by the driver's accident injury insurance contract, and the acquisition of this insurance money does not reduce He's liability for compensation, and the other 30,000 yuan of employer's liability insurance money should be offset against He's compensation.

  33. Anonymous users2024-01-07

    Your question is too general. Do you mean "whether the employer is liable for compensation for the loss of the employee due to the infringement of the third party", then the employee can claim compensation from the third party or the employer for damages. Therefore, it is possible to ask the employer for compensation for early and medium hunger.

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