论工伤赔偿与民事侵权赔偿竞合

On the concurrence of workers' compensation and tort damages

工伤赔偿与民事侵权赔偿的竞合的定性和法律适用问题,在理论界长期以来争论不休,在立法上前后规定不统一,在司法实践中各地方法院判决存在差异,同样案件事实,受害劳动者获得赔偿的数额不一样。尤其是在第三方侵权的情况下,工伤赔偿与民事侵权赔偿的竞合变得更加复杂,《社会保险法》就第三方侵权导致的损害赔偿提出了先基金赔偿,再追偿的模式,但争执并没有因此而画上句号。受害的劳动者的权利保护和用人单位、侵权第三方责任之间利益的平衡仍然值得关注和研究。

The nature and legal issues of the concurrence of workers＇ compensation and tort damages have been long debated in theoretical circles. The provisions in the legislation is not the same, and the ruling in different courts are different in judicial practice that for the same facts, injured workers received different amount of com- pensation. Especially in the case of third-party infringement, the concurrence of workers＇ compensation and tort damages become more complex. ＂Social Insurance Law＂ proposed compensation fund first on the damages resulting from the third-party infringement, and then recovery, but dis- putes are not ended. Protection of the rights of injured workers and the interests balance between the employers and the third-party are still worthy of attention and study.