工伤赔偿:侵权法与工业伤害计划的比较

Industrial Injuries Compensation

Industrial Law Journal · 2017
被引 3
ABS 3

中文导读

本文通过比较英国国家工业伤害计划与侵权法下的人身伤害赔偿,揭示工业计划在长期赔偿金额上常高于侵权法一次性赔偿,并利用统计数据说明两种制度的相对重要性。

Abstract

Abstract This article highlights aspects of the tort system of compensation for personal injury by comparing the provision made for workers under the state’s industrial injury scheme. The relative significance of the two schemes has rarely been considered and has not been dealt with in any law journal. Although lawyers are ever-present in tort claims, they have little involvement with applications for social security benefit. Partly as a result, there is a stark contrast between the voluminous literature on the common law, on the one hand, and the very limited information about statute-based workers’ compensation on the other. This article tries to redress the balance by bringing the industrial scheme back into the spotlight. Comparisons are made of entitlement under both systems and the value of the compensation they provide. The industrial scheme is shown to pay benefits which, in the long term, can often exceed the lump sum paid in tort. A wide range of statistics is used to illustrate the relative importance and practical effect of the two regimes. In tracing the history of workers’ compensation the enduring significance of the industrial scheme is revealed together with other findings which may surprise those familiar only with litigation at common law.

侵权法工伤赔偿社会保障法律经济学赔偿制度比较