The Application of the Law of Damages to Production Safety Accidents in China
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 sufferd. 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 compesation from employment injury insurances, while at the same time, he also may claim the third party who caused the accidents to bear tort liability.
production safety accidents breach of contract tort damages employment injury insurance
LI Xiazhen LI Yunbo
North China lstitute of Science and Technology, Beijing 101601, China
国际会议
The 2010 Chinese Seminar on the Principles of Safety Science and Technology(第二届全国安全科学理论研讨会)
北京
英文
306-309
2010-10-01（万方平台首次上网日期，不代表论文的发表时间）