Does because of oneself violate the rules and regulations get hurt whether get i
From;    Author:Stand originally
  • In July 1998, wang Mou suffers unit name to be in drive go out traffic accident happens to be sent in road of engaging the load, car discards as useless. Door of the Ministry of Public Security maintains Wang Mou to bear the full responsibility of traffic accident. Wang Mou puts forward to maintain the application of inductrial injury to labor service, department of labor of basis of local labor department maintains the reply of the problem about driver inductrial injury, cognizance king belongs to inductrial injury. ⑤ but its company thinks Wang Mou drives car speed exercise and the advice that does not listen to another driver, exist " in cold blood violate the rules and regulations " clue, should not maintain inductrial injury, put forward administration to reconsider then, the mechanism that reconsider is not worth with company witness for, maintained the inductrial injury to Wang Mou to maintain conclusion. The company refuses to obey, cause 130 thousand yuan loss to the company with Wang Mou again, compose should be not maintained into blame of traffic cause trouble for inductrial injury, sue to the court, mention to the court at the same time criminal private prosecution. During this case is tried, case of criminal of cause trouble of traffic of grain of confrontation of top people court is particular applied law a certain number of problems make a provision, cause public property or other belongings immediate loss, all or negative accident is main responsibility, incapable compensation amount makes crime of traffic cause trouble in the ability of case of 300 thousand yuan of above. 2 careful court adjudicates Wang Mou does not make crime of traffic cause trouble accordingly. From this, labor department maintains his to also be able to maintain for the conclusion of inductrial injury.
    The focus of this case depends on Wang Mou whether be being belonged to " in cold blood violate the rules and regulations " . Basis " method of try out of insurance of company worker inductrial injury " the 9th regulation, laborer because in cold blood violate the rules and regulations is caused be wounded, should not maintain what cause incomplete, death for inductrial injury. This regulation often poses issue in practice, become unit of choose and employ persons or employer to reject to assume the commonly used reason of inductrial injury responsibility even. So, ought to how do this set look upon?
    Above all, we ought to are opposite " violate the rules and regulations " have an accurate knowledge with the relation of inductrial injury. This that is to say, can the harm that in the job the behavior of violate the rules and regulations as a result of oneself causes him deny laborer to be inductrial injury surely? To this answer ought to be affirmative. One of principles that are sure because of inductrial injury are " without fault responsibility principle " , no matter the responsibility of professional harm depends on employer, other,still be oneself namely, the victim should receive necessary compensation; This kind of compensation is termless, although laborer individual is blamable also. Accordingly, execute " unaccountable compensation " , give disable the corporeal help with timely personnel, it is the first standard of law of inductrial injury insurance. The bill of inductrial injury insurance that Germany issued 1884 " accident insurance law " in make clear a regulation for the first time: Laborer is harmed by industry and be wounded, cause incomplete, death, no matter error or responsibility are in He Fang, employer all the income loss of accountability compensation worker, the person that disable all has authority to win economic compensation. After this, this one principle is called " occupational is endangered " or " unaccountable compensation " principle. Arrive at the beginning of 20 centuries, almost the labor code that all industrialized countries write this one principle into homeland, "Unaccountable compensation " the standard that the principle makes world each country decide liability of inductrial injury insurance is most general and applicable.
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