1. Can I still sue for infringement after being compensated for a work-related injury?

1. Generally, you can still claim tort compensation after receiving compensation for a work-related injury. However, for those who have obtained compensation for infringement from a third party, there are restrictions on the scope of work-related injury compensation items, and restrictions on repetitive compensation items such as medical expenses, nursing expenses, transportation expenses, hospitalization food subsidies, disability equipment auxiliary expenses, and funeral expenses. No more payments.

2. Legal basis: "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 12, Paragraph 1

Disability compensation shall be based on the victim's loss The level of working ability or disability level is calculated based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court where the lawsuit is filed is based, and is calculated based on twenty years from the date of disability determination. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, it will be calculated as five years.

2. What is the process of infringement prosecution?

The process of infringement prosecution is as follows:

1. Prosecution: Submit a complaint to the filing division of the court with jurisdiction. The first-instance cases of civil disputes shall be under the jurisdiction of the people's courts above the intermediate level. Each higher people's court may, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, determine 1-2 basic people's courts in larger cities to accept first-instance trademark civil dispute cases. Civil lawsuits filed due to infringement of the exclusive right to use a registered trademark or infringement of the special protection rights of a well-known trademark shall be under the jurisdiction of the people's court in the place where the infringement is committed, the place where the infringing goods are stored, or the place where the seizure is seized or the defendant's domicile;

2. Case filing: If the court considers that the conditions for filing the case are met after review, the court will notify the parties to pay the litigation fees within 7 days, and the case will be filed after payment;

3. After accepting the case, the court will serve a copy of the complaint to the other party within 5 days The party concerned and the other party shall make a defense within 15 days;

4. Exchange of evidence;

5. Hearing;

6. The collegial panel makes a ruling in consultation and the person refuses to accept the ruling. , appeal to the higher people's court within 10 days from the date of service; if not satisfied with the judgment, appeal to the higher people's court within 15 days from the date of service.