How much should be compensated at the age of 38 in the event of death while working on a ship

The crew adopts the "1+1" compensation model after the ship is worked.

That is, in addition to being compensated in accordance with the "Regulations on Work-related Injury Insurance", the shipowner shall also give a one-time disability compensation or one-time death compensation according to a certain standard. If a crew member aged 40 or below dies due to work, his family members can be compensated according to the crew member's salary for 84 months on board; Those over the age of 40 will be compensated according to the standard of 60 months of wages on board. When calculating the amount of compensation, the monthly income of wages on board is calculated with 10,000 yuan as the upper limit and 7,000 yuan as the lower limit.

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 allowances 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 living allowance 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 or orphan who is lonely 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 labor and social security administrative department;

3. The standard of one-time work-related death subsidy is the average monthly wage of employees in the overall area of 48 months to 60 months 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. In Henan Province, if an employee dies on the job, the standard of one-time work-related death subsidy is 54 months of the average monthly wage of employees in the overall area in the previous year, and it will be paid to those who belong to emergency rescue and disaster relief and work bravely in the face of righteousness and courage for work, and will be paid for 60 months.

4. Where a disabled employee dies due to a work-related injury during the period of suspension of work with pay, his immediate family members shall enjoy the benefits provided for in the first paragraph of this article.

5. Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his or her immediate family members may enjoy the benefits provided for in subparagraphs (1) and (2) of the first paragraph of this article.

1. How to calculate the amount of compensation for work-related accidents.

1. Compensation amount for medical expenses: amount of diagnosis and treatment, amount of drugs, amount of hospitalization service fee (according to the list of diagnosis and treatment items of work-related injury insurance, the list of drugs of work-related injury insurance, and the standard of hospitalization service of work-related injury insurance).

2 Compensation amount for hospital meal allowance Standard for food allowance for business trips (RMB per person-day) 70 number of people for days.

3. Compensation amount for transportation, accommodation, transportation, accommodation, and food.

4 Amount of Compensation for Assistive Devices Reasonable Expenses for Commonly Applicable Appliances Number of Devices.

5 Amount of Compensation for Nursing Expenses The average monthly wage of employees in the overall area in the previous year (January) 50 (completely unable to take care of themselves), 40 (most of them unable to take care of themselves), 30 (some of them cannot take care of themselves).

6 Disability Allowance Compensation Amount Salary of Benshan Tong (January) 24 (First Class Disability) 22 (Second Class Disability) 6 (Grade 10 Disability).

7 Disability Allowance Compensation Amount of my salary (January) 90 (Level 1), 85 (Level 2), 75 (Level 4).

8. One-time medical subsidy for work-related injuries and disability employment subsidy (stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government).

9 Amount of Funeral Allowance Compensation Average monthly wage of employees in the overall area in the previous year (January) 6

10 Amount of compensation for the pension of dependent relatives The salary of the deceased employee (January) 40 (spouse) 30 (other relatives) (10 more than the above standard for the elderly or orphans).

11 One-time work-related death allowance and compensation amount The average monthly wage of employees in the overall area in the previous year (48 to 60 months).

Compensation for accidental death of a crew member shall compensate the other party for funeral expenses, living expenses of dependents and death compensation. The amount of funeral expenses is the average monthly salary of the employee in 2019 for six months; The per capita consumption of local residents in 2019 for a certain period of time is the living expenses of dependents; The amount of death compensation is the per capita disposable income of the local people in 2019 for 20 years. As for the question of how much compensation for the death of a crew member, I will answer it for you in detail below.

1. How much is the compensation for the death of the crew

1. The compensation for the accidental death of the crew shall compensate the funeral expenses of the other party, the living expenses of the dependents and the death compensation. The amount of funeral expenses is the average monthly salary of the employee in 2019 for six months; The per capita consumption of local residents in 2019 for a certain period of time is the living expenses of dependents; The amount of death compensation is the per capita disposable income of the local people in 2019 for 20 years.

2. Legal basis:

Article 27 of the Full Text of the Judicial Interpretation on Compensation for Personal Injuries provides that funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months.

Article 28: The living expenses of the dependents are calculated on the basis of the degree of the dependent's inability to work, and in accordance with the standards for the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Dependents refer to minors who are required to support the victim in accordance with the law, or adult close relatives who have lost the ability to work and have no other livelihood.

Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

2. In the event of the death of a crew member in a shipwreck, whether the shipowner should compensate

In the event of the death of a crew member in a shipwreck, the insurance company will generally compensate first, and the shortfall will be compensated by the shipowner.

When looking for an insurance company to settle a claim, you need to make sure that it is not the following situations. The insurance company has a reason to exclude liability because of the following circumstances:

1. Losses caused by the insured's intentional acts or negligence;

2. The loss caused by the consignor's liability;

3. Before the commencement of insurance liability, the insured goods have been caused by poor quality or poor quantity;

4. Losses and expenses caused by the natural wear and tear, essential defects and characteristics of the insured goods, as well as market drops and transportation delays;

5. Liability under the provisions of war risk and strike insurance and its non-insurance liability.

If it is during the working period, the compensation shall be made in accordance with the regulations on work-related injury compensation: 1. The funeral subsidy shall be 6 months of the average monthly wage of the employee in the overall area of the previous year; 2. The pension for dependent relatives shall be paid to the relatives who provided the main living allowance 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. However, the sum of the approved pensions for each dependent relative shall not be higher than the wages of the employee who died in the course of work; 3. The standard of one-time work-related death subsidy is the average monthly wage of employees in the overall area of 48 months to 60 months in the previous year. The specific standards for burying good branches are determined according to the local regulations of the local bend-sensitive branches.