1. Can a tort lawsuit be filed after work-related injury compensation? Work-related injuries are caused by torts. After receiving work-related injury compensation, you can file a tort lawsuit and require the infringer to compensate for losses. "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 If an employee of an employer that is legally required to participate in the overall coordination of work-related injury insurance suffers personal injury due to a work-related injury accident, the employee or his close relatives may file a complaint with the People's Court If a lawsuit is filed to request the employer to bear civil liability for compensation, the employer shall be informed that it shall be handled in accordance with the provisions of the "Regulations on Work-related Injury Insurance". If a third party other than the employer causes personal injury to an employee due to infringement, and the compensation right holder requests the third party to bear civil liability for compensation, the People's Court shall support the request. Article 2 of the "Tort Liability Law of the People's Republic of China" If the scope of protection infringes upon civil rights and interests, the tort liability shall be borne in accordance with this law. The civil rights and interests mentioned in this Law include the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, custody, ownership, usufruct rights, security rights, copyrights, and patent rights. , trademark exclusive rights, discovery rights, equity, inheritance rights and other personal and property rights. Article 3 The right of claim of the infringed party The infringed party has the right to request the infringer to bear infringement liability.
2. How to handle work-related injury accident disputes. Regardless of whether the employer pays work-related injury insurance premiums for its employees, as long as an employee suffers a work-related injury accident, he or she must first apply for work-related injury insurance compensation in accordance with the relevant regulations of the State Council. The employer cannot be directly sued. When filing a civil lawsuit for personal injury compensation, the principle of priority application of work-related injury insurance liability shall apply. For enterprises and employers that have not participated in work-related injury insurance, the "Judicial Interpretation of Personal Injury Compensation" stipulates that employees of employers who have not participated in work-related injury insurance shall be liable for work-related injury accidents. , must also be handled in accordance with the provisions of the "Regulations on Work-related Injury Insurance". Employees injured at work are entitled to work-related injury insurance benefits. Work-related injury insurance benefits shall be paid by the employer in accordance with the standards stipulated in the "Regulations on Work-related Injury Insurance". If a dispute arises between the employer and the employee, the employer shall First apply to labor for arbitration. If the application for arbitration cannot be resolved, the victim can make legal claims: 1. Request for work-related injury insurance benefits and personal injury compensation. The court generally makes a decision based on the principle of priority application of work-related injury insurance. 2. When requesting work-related injury insurance benefits, the court will generally make a ruling based on the relevant provisions of the Labor Law and the Work-related Injury Insurance Regulations. 3. If you request compensation for personal injury, the judgment shall be based on civil laws and regulations. When an employer's employee suffers an injury or death due to the fault of a third party, the victim who claims work-related injury insurance and personal injury compensation can obtain double compensation in accordance with civil law and labor law. The above knowledge is the editor's answer to relevant legal issues. Work-related injuries are caused by torts. After receiving work-related injury compensation, you can file a tort lawsuit and require the infringer to compensate for losses. If you need legal help, readers can continue to consult and a professional lawyer will answer your questions. Warm reminder: The Civil Code will be officially implemented on January 1, 2021. The Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, The General Provisions of the Civil Law shall be repealed at the same time. If you are involved in other issues stipulated in the Civil Code#