Who should be given the compensation money after the death of the husband at work

After the death of the husband in the workplace, the compensation is mainly 50% for the spouse, 20% for the parents, and 30% for the children. Although the compensation for the death of the husband is not part of the estate, the distribution shall be in accordance with the order of the heirs in the first order: spouse, children, and parents, and if the first heir does not inherit, the inheritance of the second order of heirs can be initiated.

Legal analysisSince the nature of the death benefit is property damage, its content is compensation for the expected income of the deceased's family as a whole. Therefore, the person entitled to compensation first refers to the close relatives within the scope of the family members living with the deceased, that is, the first-order heirs, i.e., spouses, parents, and children, and only when the first-order heirs do not exist at all, the inheritance begins to be carried out by the second-order heirs, i.e., siblings, grandparents, and maternal grandparents. 2.

The division of death compensation is different from the distribution of inheritance, and there is no clear provision in the current law, and if the parties request division and the compensation agreement does not specify the compensation items, it should be regarded as a mixed compensation for the material loss and moral damage of the right holder. The distribution of the remaining part should be appropriately divided according to factors such as the proximity of the deceased, the closeness of living with the deceased, and the living **, rather than equal distribution, which can be decided by the trial court according to the facts of the case.

Legal basisRegulations on Work-related Injury Insurance》 Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of the employee 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 and were unable to work according to a certain proportion of the employee's own salary. The criteria are:

40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly 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 shall be 20 times the per capita disposable 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 with pay, 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.

If an employee dies on the job, his immediate family members 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 the average monthly wage of employees in the overall area of 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: monthly for spouse, monthly for each other relative, monthly for each widowed elderly person or orphan, on the basis of the above standard The sum of the approved pensions for each dependent relative shall not be higher than the wages of the employee who dies on the job.

The specific scope of support for relatives shall be prescribed by the labor and social security administrative department;

3) The standard of one-time work-related death allowance is the average monthly wage of employees in the overall area from one month to one month in the previous year. The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.

If the employer fails to pay work-related injury insurance**, the employer shall be liable for compensation.

Compensation distribution, my husband also has a younger brother, is it the responsibility to distribute money to support the elderly.

Definitely! It is a cruel fact that people die, but there is no way but to compensate ...... with moneySo his parents can't kill a son for nothing, right?

Hello, according to your description, the answer is as follows:

If the husband dies in a work-related injury, the compensation receivable from the wife, children and father is divided equally, and the death compensation, although it does not belong to the inheritance, is distributed in accordance with the provisions of the inheritance law, and the legal basis is as follows:

Article 10 of the Inheritance Law of the People's Republic of China shall be inherited in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.

Article 13 The share of inheritance inherited by heirs in the same order shall generally be equal. To sum up, I hope it helps you! Hope!

In the legal obligation, the compensation is paid, and their wives and parents immediately invite someone to be in style. If there is no will or direct explanation, then their first heirs have a share.

According to the law of our country, the wife should receive half of it, and the remaining half should be divided between her parents, and her wife, and her children.

If the husband dies in the course of business, the compensation should be paid to his wife, who is directly related to him in legal terms.

Wife, parents, and children should all have it, the parents' is called alimony, the children's is called child support, and the wife's is called survivor's fee, each of which has a proportion. Everyone negotiated to settle the matter, but if the negotiation failed, they found someone to mediate, and finally the court made a judgment.

If the husband dies in the course of business, the indemnity should of course be paid to the wife, who is his legal heir.

If. The husband is in business. The compensation should be paid to his wife and parents. If. And the children's books. Indemnity. 80% to give. Wife and children.

The principle of the distribution of work-related death compensation is first the children and parents, because the deceased himself has the obligation to support and support, and finally the spouse, if there are special circumstances, special treatment.

Work-related death compensation is compensation for the maintenance of the wife and children and the maintenance of the parents, and the proportion of compensation between the wife and the parents is regulated.

Generally for his immediate family. Parents and wives are fine. They are all first-order heirs.

Both the parents and the wife are first-in-line heirs, and if there are no children, the wife and the parents are fifty percent each. If you have children, you should keep a part of the children's share.

The wife is the first heir, then the parents, and the children have it.

Of course, I will compensate my wife.

It should be inherited in accordance with the law in the order of succession.

In this case. Both the deceased's parents and his wife have inheritance rights. Neither side can monopolize.

As compensation for the deceased's expected future income, the death compensation is not an inheritance and cannot be inherited, but it can be reasonably distributed with reference to the principle of division of the inheritance in the Inheritance Law. In principle, the death compensation can be distributed with reference to the provisions of the Inheritance Law. The death compensation shall be paid in accordance with the legal order of succession as stipulated in article 10 of the Inheritance Law, with the spouse, parents and children taking the lead.

As compensation for the deceased's expected future income, the death compensation is not an inheritance and cannot be inherited, but it can be reasonably distributed with reference to the principle of division of the inheritance in the Inheritance Law. In principle, the death compensation can be distributed with reference to the provisions of the Inheritance Law. The death compensation shall be jointly "inherited" by the spouse, parents and children as the first-order heirs in accordance with the legal order of succession as stipulated in Article 10 of the Inheritance Law.

If there is no first-order heir, the second-order heir will "inherit". Where the decedent's children die before the decedent, the descendants of the decedent's children are to be subrogated to "inherit". However, in the same order of succession, in principle, the amount of the death compensation shall be determined according to the closeness of the living together between the heirs and the decedent, and the principle that the same order shall generally be equal as stipulated in article 13 of the Inheritance Law does not apply.

It should be noted here that when formulating the Interpretation of Several Issues Concerning the Trial of Personal Injury Compensation, the Supreme People's Court took into account the spirit of the principle that the compensation items must be consistent with the provisions of China's current civil law, and broke down the content of compensation, that is, the compensation for the living expenses of the dependents in the past is still retained. The split of the death benefit should be appropriately balanced.

The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; 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 compensation received by the employee for the death of the employee due to work-related death is not the estate of the deceased, but compensation for the loss of property of close relatives, so it cannot be inherited as an inheritance.

Among them, the one-time funeral subsidy and the pension for dependent relatives have a clear direction and cannot be distributed as joint property losses. The only thing that can be allocated is a one-time work-related death benefit.

In judicial practice, the distribution of one-time work-related death subsidy is generally after deducting the supplementary part of the funeral subsidy for the employee who died of work-related injury, and the remaining part is determined with reference to the scope of heirs in the Inheritance Law, taking into account the relationship with the victim, the ability to work and the degree of closeness of living together, and the principle of taking care of women and children. In the case of the parties, the father, wife and children are divided equally among the four in principle, of which the children and the wife can be appropriately divided.