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我国现行立法和有关司法解释对工伤保险给付与民事赔偿之间究竟应该如何适用法律,以及受害职工最终可获得的赔偿总额能否超出其实际受到的全部损失等问题均未作出明确规定,由此导致司法实践中出现混乱状况。对于我国民事侵权引发工伤的赔付模式,应具体问题具体分析,区分不同的侵权行为人,分别适用不同的赔付模式。
The current legislation of our country and related judicial interpretation have not stipulated exactly how to apply the law between the payment of work-related injury insurance and civil compensation, and whether the total amount of reparation finally received by the injured workers can exceed the total losses actually suffered by them. Therefore, Leading to confusion in judicial practice. As to the pattern of compensation for industrial injury caused by civil infringement in our country, we should analyze the specific problems in detail and differentiate the different infringers and apply different modes of payment separately.