论我国安全生产事故损害赔偿

Damages on Production Safety Accidents

因安全生产事故造成损害的劳动者可以向用人单位主张违约责任或者侵权责任,但实践中,赔偿权利人多通过侵权要求得到救济,违约责任已不再具有实践价值。在因用人单位原因造成安全生产事故的情况下,赔偿权利人在主张工伤保险赔偿之外仍有损害的,可要求单位承担民事侵权责任;在因第三人原因造成安全生产事故的情况下,赔偿权利人有可能既要求工伤保险赔偿又要求第三人承担民事侵权责任,二者并行不悖。

The employee who injured in production safety accidents may claim breach of contract or tort liability to the employer. While in practice, a great number of the obligees get relief through claiming tort liability, the right to claim breach of contract to employer is no longer of practical value. When the production safety accidents are caused by the employer, the obligee may ask for the employer to bear tort liability if the compensation payed by employment injury insurances could not repair all the damages they had suffered. And when the accidents are caused by the third party, the obligee may have two kinds of concurrent rights. That is to say, he has the right to get compensation from employment injury insurances, while at the same time, he also may claim the third party who caused the accidents to bear tort liability.