损失填平原则
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交通事故保险赔偿和工伤有冲突吗?
Sou Hu Cai Jing· 2025-11-09 12:26
Core Viewpoint - Individuals involved in a traffic accident while commuting can receive both traffic accident compensation and work-related injury compensation simultaneously, but they cannot claim reimbursement for the same actual expenses twice [1][2]. Group 1: Compensation Types - Traffic accident compensation is classified as tort compensation, where the responsible party (and their insurance) compensates for damages due to negligence [2]. - Work-related injury compensation is categorized as social insurance benefits, provided by the employer and social security fund for injuries sustained while working [2]. - Both types of compensation can coexist due to their different legal foundations and nature, thus not conflicting with each other [2]. Group 2: Eligible and Ineligible Expenses - Eligible items for dual compensation include disability compensation from the tortfeasor and one-time disability benefits from the work injury fund, as they serve different purposes [6]. - Ineligible items for double reimbursement include medical expenses, nursing fees, transportation costs, hospitalization meal allowances, and assistive device costs, which must first be compensated by the tortfeasor's insurance before the work injury fund can cover any remaining amounts [3][6]. Group 3: Recommended Procedures - It is advised to first pursue compensation from the traffic accident by filing a lawsuit against the responsible party and their insurance for all relevant damages [7]. - After receiving traffic accident compensation, individuals should apply for work-related injury compensation, using the relevant documentation to claim any remaining medical expenses and specific one-time benefits [7]. - Employers are responsible for both tort compensation and work-related injury compensation, with the work injury fund typically covering the benefits initially, but retaining the right to seek reimbursement from the employer for their share of tort liability [7].