What should I do if my boss doesn t compensate for my work related death

If the employer does not compensate for the death of work, the president can protect the rights through labor disputes.

According to Article 39 of the Regulations on Work-related Injury Insurance, the treatment of work-related deceased employees, including funeral expenses, one-time work-related death subsidies, and pensions for dependent relatives, shall be paid from work-related injury insurance**. If the employer does not participate in work-related injury insurance, the employer shall pay for it.

If the employer fails to pay the work-related death benefits, according to Article 66 of the Regulations on Work-related Injury Insurance, the close relatives of the deceased employee may protect their rights through labor dispute arbitration. However, the close relatives of the deceased employee shall first apply to the local human resources and social security bureau for a determination of work-related death.

Hello, first of all, the work-related injury is determined, if it is determined to be a work-related injury, then you can apply for labor arbitration to claim work-related injury compensation.

If an employee dies on the job, his close relatives shall receive funeral allowances, 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 is 6 months of the average monthly wage of employees in the overall area in the previous year;

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job 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 allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

The family can first apply for a work-related injury determination, or they can apply for labor arbitration to the labor arbitration institution in the place where the employer is registered, and directly claim compensation for work-related injuries and deaths.

You can apply for labor arbitration.

It can be resolved through legal means; A lawyer may be appointed**.

I want to ask for a sum of money in addition to the compensation for work-related deaths.

Legal Analysis: The boss will not go to jail if he has no money to compensate for the death of a work-related injury.

Legal basis: "Criminal Law of the People's Republic of China" Article 313:Where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Legal Analysis: The solution to the non-compensation of the injured injury boss is as follows:

1. You can negotiate with the boss and ask him to compensate according to the regulations;

2. You can file a complaint with the local social security bureau;

3. You can apply for labor dispute arbitration at the labor arbitration commission where the unit is located.

Legal basis: Article 41 of the Social Insurance Law of the People's Republic of China If the employer to which the employee works fails to pay the work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

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Legal Analysis: The solution to the non-compensation of the injured injury boss is as follows:

1. You can negotiate with the boss and ask him to compensate according to the regulations;

2. You can complain to the local Yousong Xing Social Security Bureau;

3. You can apply for labor dispute arbitration at the labor arbitration commission where the unit is located.

Legal basis: Article 41 of the Social Insurance Law of the People's Republic of China If the employer to which the employee works fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance and wait for the uproar. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.