Accidental Injury Death Benefit, Accidental Death Benefit

You're an accidental injury.

Determination of the nature of the death benefit.

The Interpretation on Compensation for Personal Injuries abandons the position of "loss of dependence" in the "Interpretation of Compensation for Moral Damages" No. 7 of 2001 on death compensation, and instead uses the "loss of inheritance" theory to explain the death compensation system in China's relevant legal provisions. According to this new position, the content of death compensation is compensation for the loss of the recipient, and its nature is compensation for property damage, not moral damage.

2 Specific calculation of death benefits.

The death compensation shall be calculated on the basis of 20 years according to the per capita disposable income of urban residents or the net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years. The specific calculation formula is as follows:

1) Death compensation (for persons under the age of 60) per capita disposable income of urban residents or net income of rural residents in the previous year at the location of the court where the lawsuit is filed x 20 years;

2) Death compensation (for persons over 60 years old) per capita disposable income of urban residents or net income of rural residents in the previous year at the location of the court where the lawsuit is filed x (20 years - additional age);

3) Death compensation (for persons over 75 years old) The per capita disposable income of urban residents or the net income of rural residents in the previous year at the location of the court where the lawsuit is filed is x5 years.

1. The electric power company shall bear certain responsibilities.

II. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Adopted at the 1299th meeting of the Adjudication Committee of the Supreme People's Court on December 4, 2003).

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

3. Negotiate with the power company, and if the negotiation fails to reach an agreement, file a civil lawsuit with the court to demand corresponding economic compensation.

Whether the suspected criminal liability and civil liability constitute a crime needs to be investigated by the public security organs according to the specific circumstances of the scene, and the compensation is as follows:

In addition to compensation for expenses related to the rescue period, compensation for funeral expenses, compensation for death, expenses for mental damages, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

2. The death compensation shall be calculated on a 20-year basis according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.

The specific amount is calculated based on the deceased's household registration, local statistics, local living standards, etc.

Any accidental injury caused by the responsibility of others must first be reported to the public security department or police station, and the public security department or distribution office will verify the situation and issue a certificate, which is the most important basis for claiming compensation from the responsible party.

According to the public security certificate, you can claim compensation from the responsible party, please refer to the "Personal Injury Compensation Items and Standards" for the calculation items and standards of compensation, **Yes.

In this case, the person who felled the tree on the roadside was the main responsible person and was liable for all or the main responsibility. As for whether there are other people responsible, such as the unit where the person felling the tree belongs, or the local village committee or even the forestry department where the tree is located, etc., of course, when judging responsibility, the public security department may also take into account factors such as the route, direction or speed of the victim's bicycle at the time, and it is necessary to report to the public security department investigation office to determine. Therefore, it is recommended that you gain time to report the case to the local police station or public security bureau so that it can be dealt with as soon as possible.

If the other party fails to take protective measures, compensation should be made according to personal injury.

Legal analysis: 1. Funeral subsidy: 2. Pension for dependent relatives; 3. One-time work-related death subsidy:

The standard is 20 times the per capita disposable income of urban residents in the previous year. (In 2010, the per capita disposable income of urban residents was 19,109 yuan, and in 2009, the per capita disposable income of urban residents was 17,175 yuan). Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.

Legal basis: "Regulations on Work-related Injury Insurance" Article 39 If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of employees in the overall area of Shantang in the previous year; (2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood and were unable to work according to a certain proportion of the employee's own salary.

The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work.

The specific scope of support for relatives shall be prescribed by the social insurance administrative department; (3) The standard of one-time work-related death subsidy is 20 times the per capita income of urban residents in the previous year. Where a disabled employee dies as a result of a work-related injury during the period of suspension of work, his close relatives shall enjoy the benefits provided for in the first paragraph of this article. Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Compensation for accidental death shall be paid to the victim by the person who caused the accident, and the specific amount shall be calculated according to the actual situation. The main compensation items are: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, funeral expenses, living expenses of dependents, death compensation, transportation expenses, accommodation expenses, loss of work and other reasonable expenses incurred by the victim's relatives in handling funeral matters, and solatium for mental damages.

Article 1179 of the Civil Code stipulates that if the victim suffers personal injury, the compensation obligor shall compensate for the expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies in absentia, the compensation obligor shall compensate for the funeral expenses, the living expenses of the dependents, the death compensation, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters, in addition to the relevant expenses provided for in the first paragraph of this article based on the circumstances of the rescue.