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工伤保险,又称职业伤害赔偿保险,是指职工因工而致伤、病、残、死亡,而依法获得经济补偿和物质帮助的一种社会保险制度。工伤保险是国家立法强制建立的,具有强制性,同时工伤保险主要是对受害人的人身伤害进行补偿性,实行无责任原则。国务院颁布的《工伤保险条例》取消了劳动部于1996年颁布的《工伤保险试行办法》第28条的规定,为劳动者在受到职业伤害后既可获得工伤保险救济,又能够通过民事侵权法获得民事损害赔偿救济提供了可能,笔者认为这是一大进步,是对传统的不重复享受权利的突破。
Work injury insurance, also known as occupational injury insurance, refers to a social insurance system in which workers are injured, sick, disabled and killed due to work, and receive financial compensation and material assistance in accordance with the law. Work-related injury insurance is compulsory established by national legislation, and is mandatory. At the same time, work-related injury insurance mainly compensates the victim for personal injury and implements the principle of non-responsibility. The Regulations on Work-related Injury Insurance promulgated by the State Council has eliminated the provisions of Article 28 of the “Measures for the Trial Work of Work-related Injury Insurance” promulgated by the Ministry of Labor in 1996 to provide workers with relief against work injury insurance after being professionally injured and through the Law of Civil Torts It is possible to obtain remedy for civil damages. The author thinks this is a big step forward, and it is a breakthrough to the traditional non-repetitive enjoyment of rights.