Is the death of the village party secretary in a car accident on the way to a meeting in the town co

1.Whether it can be recognized as a work-related injury depends on whether it complies with the provisions of the Regulations on Work-related Injury Insurance.

Ten. 4. The provisions of Article 15 (and there are no circumstances specified in Article 16);

2.If the above requirements are met, even if the injury is extremely minor, it can be recognized as a work-related injury.

3.If you don't understand anything, you can call 12333 directly to consult the local labor department.

4.Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under 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.

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.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Work-related injuries are a relationship between the employer and the employee, and the village party secretary does not have such a relationship.

If you don't have work-related injury insurance, I'm afraid you can't determine it.

Summary. Hello, happy to answer your questions. If a worker arranged by the village committee has an accident while working, and the village committee is responsible, it is a work-related injury.

Hello, happy to answer your questions. If a worker arranged by the village committee has an accident while working, and the village committee is responsible, it is a work-related injury.

According to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be deemed to have suffered a work-related injury if he or she has 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 preparatory or finishing work related to 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) During the period when he was out of work for work, He Leak was injured due to work reasons or had an accident and his whereabouts were unknown; 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.

The village arranged for the anti-bucket car to smash the car, and who should be responsible.

Hello, if there is no gross negligence on the part of the worker, the village committee should be held responsible. If the worker is grossly negligent, the village committee is responsible for compensation and then claims compensation from the worker.

However, the car injury is more serious.

What kind of car are you talking about that the injury is more serious, whether it is a dump truck or a small car.

Sedan. Car.

First of all, we need to distinguish whose responsibility it is.

It is the responsibility of the dump truck.

If it is the responsibility of the dump truck arranged by the village committee, then the village committee should be responsible for compensation, if the worker has no major fault or mistake, then the worker does not need to compensate, if the worker has major fault or mistake after the village committee compensates, the village committee can tremble to claim compensation from the worker.

Okay thank you. You are welcome.

Only work-related accidents must meet the statutory conditions, and employees who have any of the following circumstances shall be regarded as work-related injuries:

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) The employee was originally serving in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is injured after arriving at the employer.

According to Article 14 of the Regulations on Work-related Injury Insurance, there are seven statutory circumstances that should be recognized as work-related injuries:

1) During working hours and in the workplace, injuries caused by accidents due to work reasons are simply eliminated;

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 shall be recognized as work-related injuries as provided by laws and regulations of the Ministry of Sailing.

1. Compensation standards for work-related deaths.

The Regulations on Work-related Injury Insurance stipulate that 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 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.

Compensation cannot be made in accordance with the provisions of the work-related injury insurance regulations, and compensation for personal injuries shall be claimed from the party responsible for the accident, and the village committee, as the beneficiary, shall appropriately compensate.

Villagers' committees are mass autonomous organizations, and the cadres of villagers' committees and villagers' committees are not in labor relations, and are not subject to the adjustment of labor laws and regulations, and the Regulations on Work-related Injury Insurance do not apply. If you are injured in a traffic accident on the way back to the village for a meeting in the district, it cannot be recognized as a work-related injury and you can enjoy work-related injury insurance benefits. Compensation for personal injuries should be claimed from the party responsible for the incident.

The village committee, as the beneficiary, may also give appropriate compensation.

Zhejiang Provincial High People's Court and Zhejiang Provincial Labor and Personnel Dispute Arbitration Court.

Answers to Several Questions Concerning the Trial of Labor Dispute Cases (III).

Zhejiang Gao Fa Min 1 2015 No. 9.

1. Does the employment of personnel by villagers' committees, residents' committees, owners' committees and other mass autonomous organizations constitute an employment relationship?

Answer: Mass autonomous organizations such as villagers' committees, residents' committees, and owners' committees do not belong to the employers as stipulated in Article 2 of the Labor Contract Law and Article 3 of the Regulations for the Implementation of the Labor Contract Law, and do not constitute an employment relationship with the employees.

Tort Liability Law

Article 6: Where actors infringe upon the civil rights and interests of others due to their fault, they shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

Supreme People's Court.

Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Fa Shi [2003] No. 20.

Article 15: Where personal injury is caused to the purpose of preserving the lawful rights and interests of the state, the collective, or others, and because there is no infringer, the infringer cannot be determined, or the infringer has no ability to compensate, and the compensation rights holder requests that the beneficiary give appropriate compensation within the scope of benefits, the people's court shall support it.

In this case, if there is a necessary connection between the road and the meeting, and there is no drunk driving (it is irrelevant if you are not a driver), it should be recognized as a work-related death.

It is necessary to ask the unit to report the work-related death to the local social security bureau as soon as possible.

Article 14 of the Regulations on Work-related Injury Insurance 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.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Yes, compensation is based on road accidents.

Village cadres may be village cadres who are members of villagers' self-governing organizations and are not public employees, and where the death of a person in an accident constitutes a crime, as long as they are elected by the villagers, they may also be appointed as village cadres. Legal basis: Article 13 of the Organic Law of the People's Republic of China on Villagers' Committees Article 13 Villagers who have reached the age of 18 have the right to vote and to be elected, regardless of ethnicity, race, gender, occupation, family background, religious belief, education level, property status, or period of residence; However, this excepts are made for persons who have been deprived of their political rights in accordance with the law.

Before the election of villagers' committees, the following persons shall be registered and included in the list of villagers participating in the election: (1) villagers whose household registration is in the village and who live in the village; (2) Villagers who are registered in the village, do not live in the village, and express their participation in the code selection; (3) Citizens whose household registration is not in the village, who have lived in the village for more than one year, who apply to participate in the election in person, and who have the consent of the villagers' meeting or the villagers' representative meeting to participate in the election. Villagers who have already registered to participate in the election in the village where they are registered or where they live must not participate in the election of other villagers' committees.