意外伤害责任保险

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商业险理赔后,用人单位可据此免除部分工伤赔偿吗?
Ren Min Wang· 2025-05-14 01:12
Core Viewpoint - The court ruled that employees have the right to claim work-related injury compensation from their employer even after receiving commercial insurance payouts for accidental injuries [1][2][3]. Group 1: Case Background - In January 2018, an employee named Zheng began working at an air conditioning repair center without a formal labor contract [1]. - The employer purchased accidental injury insurance for Zheng in April 2020, with a coverage amount of 200,000 yuan [1]. - Zheng died in an accident while working on November 3, 2020, leading to a dispute regarding the recognition of the labor relationship [1]. Group 2: Legal Proceedings - The arbitration committee confirmed the existence of a labor relationship between Zheng and the employer, which the employer contested in court [1][2]. - The court upheld the arbitration decision, and Zheng was recognized as having died from a work-related injury by the local human resources and social security bureau in September 2021 [1]. - The insurance company paid out the accidental injury insurance amount of 200,000 yuan to Zheng's relatives in December 2021 [1]. Group 3: Court's Ruling - The employer argued that the 200,000 yuan insurance payout should be deducted from the work-related injury compensation amount [2]. - The court ruled that the employer's obligation to provide work-related injury insurance is separate from any commercial insurance purchased, and thus the insurance payout should not be deducted from the compensation [2][3]. - The court ordered the employer to pay Zheng's relatives a total of over 870,000 yuan in funeral and work-related death compensation [2]. Group 4: Legal Interpretation - The court emphasized that work-related injury insurance is a mandatory part of the social insurance system, and employers cannot evade this obligation by providing commercial insurance [3]. - The ruling clarifies that commercial insurance benefits do not replace or offset the rights to work-related injury compensation under the law [3].