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机动车事故导致的工伤,因机动车对职工的生命、健康权侵害这一法律事实,形成人身损害民事侵权和工伤两类法律关系,产生人身损害赔偿责任和工伤补偿责任两种法律后果。2004年1月1日起施行的《工伤保险条例》(下称《条例》)对机动车事故导致的工伤补偿待遇的规定,与劳动部1996年颁布的《企业职工工伤保险试行办法》(下称266号文)相比有诸多不同。这使得因机动车事故工伤的职
The industrial injury caused by motor vehicle accident and the legal fact that the motor vehicle infringes on the life and health right of the workers form two kinds of legal consequences of personal injury infringement and industrial injury, resulting in personal injury liability and industrial injury compensation liability. The provisions of the “Work Injury Insurance Regulations” (hereinafter referred to as the “Regulations”), which came into force on January 1, 2004, on the compensation for work-related injuries caused by motor vehicle accidents are in conformity with the provisions of the Provisional Measures on Work-related Injury Insurance for Workers and Staff Workers issued by the Ministry of Labor in 1996 Called No. 266) compared to a lot of different. This makes work injuries due to motor vehicle accidents