与第三人侵权所导致的工伤相比较,生产安全事故与职业病所导致的工伤应该更符合工伤的原义,工伤保险补偿应该以其为基础确立赔偿标准。第三人侵权所导致的工伤,涉及到工伤保险赔偿与民事赔偿两个完全不同的法律关系。第三人侵权所导致的工伤,职工主张权利的法律关系有两 Compared with the injury caused by the infringement by the third party, the injury caused by the production safety accidents and occupational diseases should be more consistent with the original meaning of the injury and the compensation should be based on the compensation. Injury caused by the third party infringement involves two completely different legal relations: compensation for work-related injury insurance and civil compensation. There are two legal relationships between work-related injuries caused by infringement by the third party and claims by employees