How to compensate for the death of others not the personnel of the unit caused by work safety acci

1. This situation is not a work-related injury, but a personal accident injury (death). Therefore, the death benefit cannot be paid as a workers' compensation claim. 2. The content of personal accident (death) compensation includes:

1) Funeral expenses - the average monthly salary of the local employee of the court where the lawsuit is filed, calculated for 6 months.

2) The living expenses of the dependents --- borne by the victim, according to the average consumption expenditure, the minor is raised until the age of 18, the elderly are calculated for 20 years, and the year is reduced by one year for every year over 60 years old, and 5 years for those over 75 years old. However, the annual sum cannot exceed the average value of consumption expenditure. Again, it is necessary to multiply the disability proportional factor and deduct the share of the obligations of the other person who bears the maintenance obligor.

3) Death compensation - calculated according to the average disposable income of the local people or the net income of rural areas, and the total disability compensation is 20 years. (4) Other reasonable expenses such as transportation expenses, accommodation expenses and loss of work incurred by relatives in handling funeral matters are also included in the compensation; Where it is proved that there is a moral loss, compensation may also be claimed. 2. The additional 100,000 yuan proposed by the family of the deceased should be for mental damages.

There should be none. Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters. Article 18: Where the victim or the deceased's close relatives suffer mental harms, and the person with the right to compensate requests compensation from the people's court for solatium for moral damages, the "Supreme People's Court Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" is to be applied. The right to claim solatium for moral injury must not be assigned or inherited.

However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.

See Regulations on Work-related Injury Insurance

Article 37 If an employee dies on the job, his immediate family members 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 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 48 months to 60 months, and the average monthly wage of employees in the overall area 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.

Legal analysis: According to the provisions of China's "Criminal Law" and other relevant laws, if the relevant safety management regulations are violated in production and operation, resulting in a major accident or other serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.

Legal basis: Work Safety Law of the People's Republic of China

Article 3 Work safety adheres to the leadership of the Communist Party of China.

Work safety should be people-oriented, adhere to the supremacy of the people and the supremacy of life, put the protection of people's lives and safety in the first place, firmly establish the concept of safe development, and adhere to safety first.

First, the policy of prevention first and comprehensive management should prevent and resolve major security risks from the source.

The implementation of safety production must manage the safety of the industry, the safety of the business, and the safety of production and operation, strengthen and implement the main responsibility and supervision responsibility of production and business operation units, and establish a mechanism for production and business operation units to be responsible, employees to participate, supervise, industry self-discipline and social supervision.

Article 5 The main person in charge of the production and business operation entity is the first person responsible for the safety production of the unit, and is fully responsible for the safety production work of the unit. Other responsible persons are responsible for the safety production work within the scope of their duties.

Article 6 Employees of production and business operation entities have the right to obtain production safety guarantees in accordance with the law, and shall perform their obligations in production safety in accordance with the law.

Article 11 The relevant departments shall, in accordance with the requirements of ensuring safe production, formulate relevant national standards or industry standards in a timely manner in accordance with the law, and revise them in a timely manner according to scientific and technological progress and economic development.

Production and business operation entities must implement the national standards or industry standards formulated in accordance with the law to ensure safe production.

1. The provisions of the Work Safety Law.

In accordance with the provisions of the "Work Safety Law", if the decision-making body, the main person in charge or the individual investor of the production and business operation entity fails to ensure the necessary capital investment for safe production in accordance with the provisions of this Law, resulting in the production and business operation entity not having the conditions for safe production, it shall be ordered to make corrections within a time limit and provide the necessary funds; If the correction is not made within the time limit, the production and business operation unit shall be ordered to suspend production and business for rectification. Where there is an illegal act in the preceding paragraph, resulting in a production safety accident, the main person in charge of the production and business operation unit shall be dismissed, and the individual investor shall be fined between 20,000 and 200,000 yuan; where a crime is constituted, criminal responsibility is pursued in accordance with the relevant provisions of the Criminal Law.

2. Provisions of the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents.

According to the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, if the unit where the accident occurs and its relevant personnel commit any of the following acts, a fine of not less than 1 million yuan but not more than 5 million yuan shall be imposed on the unit where the accident occurred; impose a fine of 60% to 100% of the annual income of the previous year on the principal responsible person, the directly responsible person in charge and other directly responsible personnel; where they are state employees, they are to be given sanctions in accordance with law; where a violation of the administration of public security is constituted, the public security organ shall give a public security administrative sanction in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Falsely reporting or concealing an accident;

2) Falsifying or intentionally destroying the scene of an accident;

3) Transferring or concealing funds or property, or destroying relevant evidence or materials;

4) Refusal to accept the investigation or refusal to provide relevant circumstances and materials;

5) Giving false testimony or instructing others to give false testimony during the investigation of an accident;

6) Fleeing after an accident.

Article 37.

If the unit where the accident occurred is responsible for the occurrence of the accident, it shall be fined in accordance with the following provisions:

1) In the event of an ordinary accident, a fine of between 100,000 and 200,000 RMB shall be imposed;

2) In the event of a major accident, a fine of between 200,000 and 500,000 RMB shall be imposed;

3) In the event of a major accident, a fine of between 500,000 and 2,000,000 RMB shall be imposed;

4) Where a particularly serious accident occurs, a fine of between 2 million and 5 million yuan shall be imposed.

Article 38.

If the main person in charge of the unit where the accident occurred fails to perform the duties of production safety management in accordance with the law, and the accident occurs due to the guide, a fine shall be imposed in accordance with the following provisions; where they are state employees, they are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) In the event of a general accident, a fine of 30% of the annual income of the previous year shall be imposed;

2) In the event of a major accident, a fine of 40% of the annual income of the previous year shall be imposed;

In the event of a major accident, a fine of 60% of the annual income of the previous year shall be imposed;

4) In the event of a particularly serious accident, a fine of 80% of the annual income of the previous year shall be imposed.

How to punish the accident unit if a person dies after a production safety accident

1. The provisions of the Work Safety Law.

In accordance with the provisions of the "Work Safety Law", if the decision-making body, the main person in charge or the individual investor of the production and business operation entity does not ensure the necessary capital investment for safe production in accordance with the provisions of this Law, resulting in the production and business operation entity not having the conditions for safe production, it shall be ordered to make corrections within a time limit and provide the necessary funds; If the correction is not made within the time limit, the production and business operation unit shall be ordered to suspend production and business for rectification. Where there is an illegal act in the preceding paragraph, resulting in a production safety accident, the main person in charge of the production and business operation unit shall be dismissed, and the individual investor shall be fined between 20,000 and 200,000 yuan; where a crime is constituted, criminal responsibility is pursued in accordance with the relevant provisions of the Criminal Law.

2. The provisions of the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents cover suspicion.

According to the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, if the unit where the accident occurs and its relevant personnel commit any of the following acts, a fine of not less than 1 million yuan but not more than 5 million yuan shall be imposed on the unit where the accident occurred; The main person in charge, the person in charge who is directly responsible, the salesperson and other persons who are directly responsible shall be fined 60% to 100% of the annual income of the previous year; where they are state employees, they are to be given sanctions in accordance with law; where a violation of the administration of public security is constituted, the public security organ shall give a public security administrative sanction in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Falsely reporting or concealing an accident;

2) Falsifying or intentionally destroying the scene of an accident;

3) Transferring or concealing funds or property, or destroying relevant evidence or materials;

4) Refusal to accept the investigation or refusal to provide relevant circumstances and materials;

5) Giving false testimony or instructing others to give false testimony during the investigation of an accident;

6) Fleeing after an accident.

Article 37 If the unit where the accident occurs is responsible for the occurrence of the accident, it shall be fined in accordance with the following provisions:

1) In the event of an ordinary accident, a fine of between 100,000 and 200,000 RMB shall be imposed;

2) In the event of a major accident, a fine of between 200,000 and 500,000 RMB shall be imposed;

3) In the event of a major accident, a fine of between 500,000 and 2,000,000 RMB shall be imposed;

4) Where a particularly serious accident occurs, a fine of between 2 million and 5 million yuan shall be imposed.

Article 38 If the principal responsible person of the unit where the accident occurs fails to perform the duties of production safety management in accordance with the law, resulting in the occurrence of the accident, a fine shall be imposed in accordance with the following provisions; where they are state employees, they are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) In the event of a general accident, a fine of 30% of the annual income of the previous year shall be imposed;

2) In the event of a major accident, a fine of 40% of the annual income of the previous year shall be imposed;

3) In the event of a major accident, a fine of 60% of the annual income of the previous year shall be imposed;

4) In the event of a particularly serious accident, a fine of 80% of the annual income of the previous year shall be imposed.

Although general safety accidents do not involve crimes, they will still damage the life and health safety of accident employees, and we must attach great importance to production safety and be responsible for our own lives and the lives of others.

According to Article 3 of the Law of the People's Republic of China on the Application of Civil Law, the compensation for the accident shall be resolved through negotiation between the parties or the victim of the accident. If the negotiation fails, the people's court may, in accordance with the provisions of Article 4 of the Law of the People's Republic of China on the Application of Civil Law, determine the amount of compensation according to the liability and degree of damage caused by the accident.

The standard of compensation is generally calculated according to the actual losses of the victim, including living expenses, medical expenses, disability allowances, nursing expenses, etc., as well as compensation for moral damages. Legal analysis: Liability is determined in accordance with the "principle of tort liability", that is, the victim has the right to demand that the infringer bear the liability for compensation, and at the same time has the obligation to bear the liability for compensation.

The victim shall determine the amount of compensation based on historical facts, analyzing the causes of the accident and the liability of the infringer.

For a safety accident in which one person dies, the details of compensation shall include medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies and other expenses incurred by the Royal Leasing Bank before his or her death. The Civil Code stipulates that they shall also be compensated for funeral expenses and death compensation.

Article 135 of the Criminal Law stipulates that if the safety production facilities or the full production conditions of the safety production facilities do not comply with the provisions of the state, and a major accident occurs or other serious consequences are caused, the person in charge who is directly responsible and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; where the circumstances are especially heinous, the sentence is between three and seven years imprisonment.