随着工业化的发展,机械化操作使劳动者在生产过程的危险因素增大,伤残事故和职业病大量增加,而依民事侵权法,受害人很难证明是因为雇主的过失造成的伤害,这样,工业损害便成为十分普遍而尖锐的社会问题,严重影响工业化的正常发展和社会稳定。在保护劳动力资源,满足社会再生产要求下,雇主承担职业危险责任便应运而生。但这虽加强了对受害人的保护, With the development of industrialization, the mechanized operation increases the risk factors of workers in the production process and greatly increases the number of disabled persons and occupational diseases. According to the law of tort, it is very difficult for the victim to prove the injury caused by the negligence of the employer. In this way, Industrial damage has become a very common and acute social problem, seriously affecting the normal development of industrialization and social stability. In the protection of labor resources to meet the social reproduction requirements, employers assume the responsibility of occupational hazards came into being. However, although this has strengthened the protection of victims,