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Anonymous users2024-02-06If you die of a sudden illness at work, it is considered a work-related injury, and you can apply for a work-related injury recognition and enjoy work-related death benefits.
Regulations on Work-related Injury Insurance
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
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 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.
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Anonymous users2024-02-05It is also a work-related injury, and you also have to pay for it. But there shouldn't be much, just some funeral subsidies and the like.
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Anonymous users2024-02-04According to the Regulations on Work-related Injury Insurance, Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.
In other words, you, as an enterprise, need to be liable according to the standard of work-related injuries.
The specific compensation is as follows:
1. Rescue expenses: fully borne by the enterprise according to the invoice, 2. Funeral expenses: 6 months of average wages of local employees.
3. One-time death compensation: 60 months of average salary of local employees.
4. Child support: children raised to the age of 18, paid 30% of the employee's salary every month, if the father is over 60 years old, 30% of the employee's salary is paid every month, 20 years of support, if more than 60 years old, more than a few years, it will be deducted from 20 years, and the mother is calculated from the age of 55. For example, if your father is 64 years old, then you will pay 30% of your monthly salary for 16 years.
5. Other expenses: such as mental damages, although there is no mandatory provision in the law, the other party's family will definitely propose it during the negotiation, and you will have to pay a little more or less.
Of course, there are a few questions in the middle of which you have to be sure, when he goes to the toilet, whether it is the time to go to work or the time to get off work at noon, if it is the time to get off work, it cannot be regarded as a work-related injury, and if you say that it is your construction site, you are a contractor or a construction company, if it is a contractor, then the responsibility for the work-related injury must be borne by the construction company. In addition, if the employee participates in work-related injury insurance, the employer must apply for work-related injury within one month after the accident, otherwise the social security department will not be liable for compensation.
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Anonymous users2024-02-03Legal analysis: 1. If it is a work-related injury, apply for work-related injury recognition first, and then enjoy work-related death benefits after identification. If the company paid work-related injury insurance for the deceased, the workers' compensation is paid by the workers' compensation insurance**; If the company has not paid the work-related injury insurance for the deceased, the company will compensate the full amount of the work-related death insurance.
If the company refuses to pay the work-related injury compensation, the close relatives of the deceased shall first apply for labor arbitration and demand the company to pay the compensation, and only then can they file a lawsuit with the court to claim work-related injury compensation if they are not satisfied with the labor arbitration. 2. If the unit does not apply within one month, the close relatives of the deceased and the trade union organization can also apply for work-related injury recognition within one month and one year later. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
3. Keep in mind that there is generally only one year to apply for work-related injury recognition and labor arbitration. 4. There are three main types of work-related death compensation:
a one-time work-related death subsidy of 539,100 yuan; Funeral grants and pensions for dependent relatives.
Legal basis: Article 14 of the Regulations on the Determination of Work-related Injuries An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Anonymous users2024-02-02Legal analysis: If you die of a heart attack during working hours, it should be regarded as a work-related injury, and the family of the deceased can be regarded as a work-related injury if it is a sudden illness that is not rescued within 48 hours. Claims are made for benefits such as funeral allowances, dependent family pensions and one-time work-related death benefits.
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.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; 5) Injured or unaccounted for in an accident while away for work; 6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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