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在因为遭受交通事故造成工伤而引发工伤保险待遇与侵权损害赔偿请求权竞合的场合,涉及到受害职工如何启动救济程序以及两项权利主张能否同时支持的问题。对于前者,依据不真正连带债务的选择性,受害职工能够对其所享有的数个请求权分别先后向不同的债务人主张;对于后者,应该认识到社会保险经办机构、用人单位与侵权人在实际损失方面的竞合之处,该部分损失不应重复获得。而对于属于人身方面无法用金钱衡量的损失以及专属于工伤和侵权项下的赔偿项目,不会产生竞合,当事人均可主张获赔。
In the case of work-related injury insurance claims arising from work-related injuries caused by traffic accidents, the case involves how injured workers start relief procedures and whether both rights claims can be supported at the same time. For the former, based on the non-genuine joint and several liabilities, the injured workers can claim several debts to the debtor one after another; for the latter, they should recognize that the social insurance agency, the employer and the infringer In the actual loss of competing places, this part of the loss should not be repeated. As for personal belongings can not be measured by the loss of money and compensation for work-related injuries and infringement under the item will not produce competing, the parties can claim compensation.