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伴随着劳务派遣用工模式的不断发展,在这种模式下,被派遣劳动者的工伤损害赔偿问题就凸显出来,《侵权责任法》对劳务派遣用工模式的相关问题进行了一些规定,然而并没有对被派遣劳动者工伤损害赔偿问题进行规定。工伤损害赔偿责任的实质是双重分担,即具有劳动关系的一方和侵权损害赔偿责任一方双重分担,并且在两方雇主之间作出合理的分配。笔者就这个问题,提出一些见解。
With the continuous development of labor dispatch and labor employment mode, under this model, the issue of injury compensation for workers dispatched is highlighted. Tort Liability Law stipulates some issues related to labor dispatch and employment mode, however, there is no Regulations on the compensation for work injury injuries dispatched by workers shall be prescribed. The nature of the liability for work injury injury is double sharing, that is, the party that has the labor relationship and the party that is the liability for tort damage are double-shared, and a reasonable distribution is made between employers of the two parties. The author on this issue, put forward some ideas.