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职工工伤“敦促期”内用人单位未提出认定申请但垫付的医疗费的性质难界定。本文分析后得出结论:职工与用人单位两方主体情况下,“敦促期”用人单位垫付符合工伤基金支出项目医疗费行为属社会法上的义务负担,反之为民事借贷;第三人侵权情形下,以先工伤保险后民事赔偿补差模式而言,符合工伤基金先行支付条件者为民事借贷,反之是义务负担。赠与例外。
Employee injury “Urgency period ” within the employer did not put forward the application but advance the nature of the medical fee is difficult to define. The analysis of this paper concludes that: under the situation of the two parties, the employer and employer should advance the medical expenses that meet the medical expenses of the work-related injury fund, which is the obligation of social law instead of the civil loan; the third person In the case of infringement, in the first instance, after the injury insurance of the first injury, the model of civil compensation for repayments should be civil borrowings according to the first payment conditions of work-related injury funds and vice versa. Give an exception.