论文部分内容阅读
编辑同志:2011年12月,我在出差途中发生交通事故,导致我丧失劳动能力。公司及时为我申请了工伤并得到了社保行政部门的认定。由于肇事车主只赔偿了20万元,不足以弥补损失,我遂要求享受工伤待遇。但公司认为,我已获得人身损害赔偿,无权再要求工伤赔偿。请问,公司的说法对吗?汪世鹏汪世鹏同志:工伤待遇属于公法领域的赔偿,人身损害赔偿则属于私法领域的赔偿,二者不能混用,也不能相互替代。工伤待遇中的“伤残补助金”是对
Editor's Comrade: In December 2011, I was involved in a traffic accident on the way to work, causing me to lose my ability to work. The company promptly applied for a work-related injury and got the approval of the social security administration. As the accident car owners only paid 200,000 yuan, not enough to make up for the loss, I then asked to enjoy the treatment of work-related injuries. However, the company believes that I have obtained compensation for personal injury and no right to claim work injury compensation. Excuse me, is the company right? Comrade Wang Shipeng and Wang Shipeng: Work-related injuries belong to compensation in the field of public law. Compensation for personal injury belongs to compensation in the field of private law. They can not be mixed and can not be substituted for each other. Work injury treatment “disability benefits ” is right