Double Compensation System For Traffic Accidents Due To Traffic Accidents

Lin Mou wife is engaged in ticketing work in a passenger pport company, in the course of work unfortunately died due to traffic accident.

The two sides reached an indemnity agreement and the accident party paid for all kinds of expenses such as funeral expenses, death compensation, mental solatium and so on.

Because the passenger company did not deal with the industrial injury insurance for Lin's wife, Lin asked the passenger pport company to ensure the treatment of work-related injury insurance, that is, funeral expenses, family pension and death allowance.

The passenger company refused to pay compensation on the grounds that Lin had already obtained the traffic accident compensation of the accident party.

Lin applied for arbitration to the labor dispute arbitration committee, and the labor dispute arbitration committee decided to pay the industrial injury insurance expenses from the passenger company to Lin, and the passenger company refused to accept the ruling to bring a lawsuit.

The court ordered the passenger company to pay a dependant pension and a one-off grant to Lin, and did not support Lin's request for funeral grants.

However, the same compensation items claimed by the obligee can not get double compensation, but only the compensation rights for different compensation items.

According to the provisions of articles seventeenth to thirty-first of the interpretation, the infringed party may pay for medical expenses, delay in work, nursing, pportation, accommodation, allowance for hospitalization, necessary nutrition, disability (death).

Such items as mental injury solatium, dependants' living expenses, disability assistive devices and funeral expenses shall be claimed by the infringer for compensation.

The thirty-ninth article and first paragraph of the regulations on industrial injury insurance stipulates:

Due to the death of the workers, their close relatives receive funeral subsidies, family pension and one-off subsidy for work losses according to the following provisions.

There is a competition between the two items in terms of medical expenses, nursing expenses, food allowance and so on. Competing projects should not be "double claims", and different projects should be complementary.

Application of the Supreme People's Court on cases of personal injury compensation

The twelfth provision of the interpretation of several issues (hereinafter referred to as "interpretation") stipulates that workers who are employed by employers in accordance with the law of industrial injury shall be sued by the workers or their close relatives to the court for the civil liability for compensation because of personal injury caused by industrial injury insurance.

The court shall support the third party who is responsible for civil compensation for the personal injury caused by the infringement of the third party other than the employer.

It can be seen that the right holder of compensation claims to the third party for tort compensation, and it can coexist with the treatment of work-related injury insurance, and there is a complementary relationship between them.

In this case, Lin's claim for funeral allowance, dependant pension and death allowance are the same, except for the funeral allowance and the funeral expenses that have already been compensated, and the other two should be supported.

Because the passenger pport company has not worked for the wife of Lin Mou for work-related injury insurance, it shall pay the cost according to the industrial injury insurance treatment items and standards stipulated in the industrial injury insurance Ordinance, that is, the passenger pport company shall pay the dependents' pension and one-time work subsidy for Lin.