Social insurance law
Article 42 If a work-related injury is caused by a third person, and the third person fails to pay the medical expenses for the work-related injury or cannot identify the third person, the work-related injury insurance fund shall pay in advance. After the industrial injury insurance fund is paid in advance, it has the right to recover from the third party.
the Supreme People's Court
Provisions on Several Issues Concerning the Trial of Administrative Cases of Industrial Injury Insurance
Fa Shi [2065438+04] No.9
Article 8 If an employee is injured due to a third party, and the social insurance administrative department decides not to accept the application for work-related injury identification or not to identify the work-related injury on the grounds that the employee or his close relatives file a civil lawsuit against the third party or obtain civil compensation, the people's court will not support it.
If an employee is injured due to a third party, and the social insurance administrative department has made a work-related injury determination, but the employee or his close relatives have not filed a civil lawsuit against the third party or have not obtained civil compensation, and the lawsuit requests the social insurance agency to pay the work-related injury insurance benefits, the people's court shall support it.
If an employee suffers from work-related injuries due to a third party, and the social insurance agency refuses to pay work-related injury insurance benefits on the grounds that the employee or his close relatives file a civil lawsuit against the third party, the people's court will not support it, except for the medical expenses already paid by the third party.
Zhejiang Higher People's Court Minyiting
Solutions to some difficult problems in the trial of labor dispute cases (20 12.6438+02).
15. What kind of compensation mode should be adopted for work-related injuries caused by third party infringement?
After the implementation of the Social Insurance Law, the provisions of Zhejiang (2009) No.50 Notice will continue to apply to work-related injuries caused by third-party infringement. Employees who are injured by a third party other than labor relations and constitute work-related injuries shall enjoy work-related injury insurance benefits according to law. If an employee obtains tort compensation, the following five expenses paid by the third party shall be deducted from the corresponding items of work-related injury insurance liability undertaken by the employer: medical expenses, disability AIDS, nursing expenses, transportation expenses and hospital food subsidies incurred by the employee during the paid shutdown.