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Q我公司员工王某下班途中被气车撞伤,后经交警勘察认定为交通事故(对方负有80%的责任),确定其为工伤,在赔付方面,交通事故责任方和公司的赔付关系如何?该员工是否可同时享受交通事故伤残赔付和公司的工伤赔付?a上下班途中因交通事故(员工系非主要责任)发生的工伤,是因用人单位以外的第三人侵权造成职工人身损害,同时又构成工伤的特殊工伤类别。工伤保险与人身损害赔偿存在法律竞合关系,该问题目前在国内尚无法律明
Q My employee, Wang, was hit by a pneumatic car on his way out of work and was identified as a traffic accident by traffic police investigation (80% of the respondent’s responsibility) to determine it as an industrial injury. In the aspect of payment, the responsible party of the accident and the company’s payment relationship How can the employee be able to enjoy both disability compensation for accident and work injury compensation for the company at the same time? A Work injury resulting from an accident (employee’s non-primary responsibility) on the way to and from get off work is caused by the infringement of a third party other than the employer Damage, but also constitute a special type of work injury injuries. There is a legal competition relationship between work-related injury insurance and personal injury compensation, which is not legalized in China