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工伤保险赔偿与民事人身损害赔偿在实质上都是对主体人身权(健康权,身体权,生命权)受损害的赔偿救济;但二者仍有本质上的区别,在选择适用上更是不尽相同。本文试图从劳动法所确立的对劳动者合法权益进行倾斜保护的法益的角度,对工伤保险赔偿与民事人身损害赔偿进行比较,以求能有所收获。
Compensation for work-related injury insurance and civil personal injury compensation are all essentially remedies for damage to the subject's personal rights (right to health, body and life); however, there is still an essential difference between the two and the choice and application the same. This article attempts to compare the compensation for work-related injury insurance with the compensation for civil personal injury from the perspective of the law of protection of the workers' legitimate rights and interests established by the Labor Law so as to make some gains.