因为第三人伤害导致的工伤,依照《侵权责任法》规定,受害人或其亲属有权获得侵权损害赔偿;受害人的伤害同时构成工伤,依照《社会保险法》和《工伤保险条例》,受害人或其亲属有权获得工伤保险待遇。在这种情况下,受害人或其亲属可以同时获得侵权损害赔偿和工伤保险待遇,还是只能获得其中一种,或者获得其中最高额,这就发生 Because of the injury caused by the third party, the victim or his / her relatives are entitled to compensation for infringement according to the provisions of the Tort Liability Law. The victim’s injury also constitutes an injury at work and is injured according to the Social Insurance Law and the Industrial Injury Insurance Ordinance People or their relatives have the right to work injury insurance. In this case, the victim or his relatives can get both infringement damages and work injury insurance benefits, or only get one of them, or get the maximum amount, which happens