工伤员工的工伤待遇与企业侵权损害赔偿的关系，是企业处理安全生产事故所面临的法律难题之一。对于《安全生产法》第53条的理解与应用，涉及到工伤保险与侵权损害赔偿责任关系。对此应当以修正的补充模式为理论基础，比较工伤保险补偿和侵权责任赔偿的具体项目，对于工伤保险已经补偿包括的财产损害项目，不论其数额的多少，均只能依工伤保险请求赔偿，不应依侵权责任法再行请求赔偿。精神损害赔偿请求权作为一项独立的权利，在工伤保险补偿之外，受害员工应有权向单位求偿。%The relationship between employee's employment injury treatment and enterprise tort damage com-pensation is one of the legal difficulties for enterprise dealing with work safety accidents. The understanding and application of article 53 of the Safety Production Law involves the relationship between employment injury insurance and tort damage compensation. Thus we should set the amendatory complementary mode as theoret-ical basis and set the compensation items as standards. For those property damage compensation items which have already been covered by employment injury insurance, it should be deemed that those items have adopted substitution mode and can only be compensated according to employment injury insurance claiming rather than tort law claiming. Claiming right to mental damage compensation is an independent right, so the injured employee is entitled to claim mental damage compensation in addition to employment injury insurance com-pensation.
展开▼
