中国劳动法资讯速递-北京大成律师事务所.pdfVIP

PRC Labor and Employment Law Newsflash – September 2015 ©Dacheng Law Offices PRC Labor and Employment Law Newsflash September 2015 Concurrence of Work-Related Death and Third-Party Tort Compensation —— A case study of employer purchasing no work-related injury insurance for employee An employee, with no work-related injury insurance effected by his employer, was hit by a third-person ’s car on his way to work and died from ineffectual rescue. His death was identified as work-related death. Can the employee’s dependants obtain the work-related death compensation after receiving some third-party tort compensation? 1. Limited Re-Compensation at the Concurrence of Work-Related Injury and Third-Party Tort It is first specified by the Reply of the Supreme People s Court on Issues concerning Whether’ a Worker or his Relatives can Obtain Work-Related Injury Insurance after Receiving Civil Compensation [(2006) Min Ta Zi No. 12] that an employee ’s dependants can receive both work-related injury and tort compensation at the concurrence of work-related injury and third-party tort: “A worker, who suffers from work-related injury for a third party’s reason, or his close relatives can apply to the work-related injury insurance institution for work-related insurance benefits according to Article 37 of the Work-Related Injury Insurance Regulation after receiving civil compensation from such third party”. However, compensation limits differ in local juridical practices. The Answers of the Civil Court 1 of Shanghai High People s’ Court on Certain Issues concerning the Cases on Concurrence of Work-