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Anonymous users2024-02-07Calculate. This kind of thing should be discussed with the unit, and there are no regulations to refer to.
If it's a death from illness, see what the disease is. If it is a natural disease or a congenital disease, it depends on the place where the incident occurred. I've handled a lot of your situation, so don't ask.
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Anonymous users2024-02-06I advise you to wait for the cause of death in the hospital to come out!! The Social Security Bureau asked, so that you have the initiative, otherwise you will only be fooled!! In the meantime, you can read books on social security!!
Whether you can accompany it or not depends on the cause of death! In the hospital rescue part of the medical insurance can be accompanied!
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Anonymous users2024-02-05Was there any illness with this teacher before the incident?
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Anonymous users2024-02-04Teachers and teachers belong to the establishment of careers, and according to relevant regulations, work-related injury benefits are implemented in accordance with the "Regulations on Work-related Injury Insurance". According to the "Regulations on Work-related Injury Insurance", 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 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 supporting relatives shall be prescribed by the administrative department of labor and social security;
3) The standard of one-time work-related death allowance is 48 months to 60 months of 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.
The specific amount can be calculated according to your salary and the average monthly wage of employees in your area, with reference to the above provisions. Of course, this part of the money is paid by the local ** department.
1. Is a teacher's work-related death a work-related injury?
1. A teacher's work-related death may be a work-related injury, specifically during working hours and at work, and if a teacher dies of a sudden illness or dies within 48 hours after rescue fails, it may be recognized as a work-related injury.
2. The injury or death of a teacher due to a motor vehicle accident on the way to and from work should be a work-related injury, and the work-related death determination and compensation procedures are:
1) If the application conditions for work-related injury recognition are met, the labor and social security administrative department shall accept it. If the application materials for work-related injury determination are incomplete, inform them to complete them within 15 days.
If the initial diagnosis of the work-related injury by the designated medical institution, the proof of the existence of a labor relationship between the injured employee and the unit, and the proof of the need to repent and enlighten the work-related injury cannot be provided, the labor and social security administrative department shall not accept the application for the determination of work-related injury.
2) If the labor and social security administrative department has complete materials and reliable evidence, it shall make a decision on whether to work at work within 30 days.
3) The decision on the determination of work-related injury made by the administrative department of labor and social security shall be notified in writing to the unit, the injured employee or his relatives, and the handling agency.
4) If there is any doubt or dissatisfaction with the notice of determination made by the labor and social security administrative department, it may apply to the administrative organ at a higher level for reconsideration within 60 days from the date of receipt of the notice, or file an administrative lawsuit with the people's court within three months.
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Anonymous users2024-02-03According to the provisions of the relevant laws of our country, if a teacher dies suddenly during working hours and at the workplace, or dies within 48 hours after rescue fails, it is a work-related injury.
The legal basis is pretending:
Article 15 of the Regulations on Work-related Injury Insurance shall be regarded as a work-related injury if an employee has 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 injuries sustained in war or due to official duties, and have obtained a revolutionary disabled serviceman certificate, and are injured after arriving at the employer.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
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Anonymous users2024-02-02According to the relevant laws of our country, if a teacher suddenly dies or dies within 48 hours after rescue is ineffective, it is a work-related injury.
1. What is a deemed work-related injury and what are the accidents that are considered work-related injuries?
Treated as a work-related injury. Employees who have any of the following circumstances shall be deemed to have suffered a work-related injury: they are injured in activities to safeguard national interests or public interests, such as emergency rescue and disaster relief; Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; Employees who originally 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.
2. What are the circumstances under which death is regarded as work-related injury?
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 injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who are late in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations. Without changing the original meaning, this provision can be directly divided into the following sentences to help understand:
If an employee has any of the following circumstances, it shall be regarded as a work-related injury: (1) during working hours and at work, sudden illness and death; (2) During working hours and at work, the sudden illness dies within 48 hours after rescue efforts fail.
3. Can a person who has died as a result of a work-related injury be sentenced to prison?
Criminal responsibility is not necessarily forthcoming. Fatalities during working hours are generally classified as work-related fatalities, but there are also special circumstances. The specific circumstances that are related to work-related death are:
1. During working hours and at work, if you die of sudden illness or die within 48 hours after rescue is ineffective, it will be regarded as a work-related injury.
2. Death directly caused by work-related accidents or occupational disease poisoning.
3. Death during the period of suspension of work and salary due to work-related injury or occupational disease.
4. Death from work-related injuries or occupational diseases.
5. Death due to work-related disability is identified as level 1-4 and during the period of enjoying disability allowance.
Article 15 of the Regulations on Work-related Injury Insurance shall be regarded as a work-related injury if an employee has 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 injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
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Anonymous users2024-02-01Legal Analysis: According to the relevant laws of the People's Republic of China, if a teacher dies suddenly during working hours and at work, or dies within 48 hours after rescue fails, it is a work-related injury.
Legal basis: Article 15 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) 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 injured or defeated in war or in the line of duty, and are suspected of being disabled, and have obtained a revolutionary disabled military certificate, and are injured after arriving at the employer.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; If an employee has any of the circumstances in item (3) of the preceding paragraph, he or she shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of this article.
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Anonymous users2024-01-311. After the death of the employee, the funeral subsidy shall be paid according to the following standards: if the employee dies due to illness or non-work, the local average social wage of the previous year shall be paid for 3 months, and if it is less than 600 yuan, it shall be paid at 600 yuan; In the case of work-related death, the local average social wage of the previous year shall be paid for 5 months, and the limb less than 1,000 yuan shall be paid at 1,000 yuan. 2. A one-time pension shall be paid according to the following standards:
If the person dies due to illness or non-work-related reasons, the local average social wage of the previous year shall be paid for 10 months, and less than 2,000 yuan shall be paid at 2,000 yuan; If the death is due to work, the local average social wage of the previous year shall be paid for 20 months, and less than 4,000 yuan shall be paid at 4,000 yuan. 3. The subsistence allowance shall be paid according to the following standards: If the immediate family members of the employee who died due to illness or not due to work-related reasons are in difficulty, the subsistence hardship allowance may be paid on a monthly basis until the dependents are unemployed and the conditions for support are met.
The subsidy standard is: per person per month according to the standard of 25% of the average salary of the local enterprise in the previous year (at present, when implementing this standard, the provincial capital city is less than 80 yuan, the prefecture-level city is less than 70 yuan, and the town below the county level is less than 60 yuan, can be paid according to the standard of yuan); For the support of 3 or more people (excluding children who are beyond family planning, the same below), the subsidy standard shall not exceed 70% of the average salary of the local enterprise in the previous year. The living hardship allowance standard for the immediate family members of the employee who died due to work during his or her lifetime shall be paid at the rate of 35% of the average salary of the local enterprise in the previous year (if the living allowance of individual surviving family members is the same as the current standard in the past documents, it can continue to be implemented.)
After synchronization with this standard, it will be implemented according to this standard); If three or more people are supported, the subsidy standard shall not exceed 100% of the average salary of the local enterprise in the previous year.
When a teacher dies in service, the state pays a lump sum pension instead of any compensation. Teachers belong to the staff of public institutions, and the standard of one-time pension for death is divided into three situations: if they are rated as martyrs after death, the one-time pension is 80 months' basic salary; In the case of death in the line of duty, the pension is 40 months; In the case of death, the pension is 20 months. >>>More
If an in-service employee dies due to illness, the unit shall compensate for the funeral allowance, one-time pension and living allowance for the surviving family. >>>More
Hello, I hope to help you, I am also handling it for my father, the situation is similar to your father's, I am from Beijing, I don't know if there is a difference between various regions, you can make a reference. First of all, you have to go to the local police station to cancel the account, bring the deceased's household registration book, death certificate, they will stamp the death seal on the household registration page, (the household registration page has a public security bureau seal, the chapter is** which police station to cancel the household) and then look at your father's household registration from the unit after signing in**, if it belongs to the unit's collective household registration, go to the social security office to receive it (urban and rural residents have no funeral subsidy resident funeral subsidy announcement) let the original unit sign and seal, of course, if the unit is bankrupt, your father's household registration should be at home, Then you have to go to the neighborhood office or neighborhood committee to sign and seal. Finally, take a copy of the household registration book, a signed and sealed public notice, a copy of the recipient's ID card, a copy of the death certificate, and a copy of the cremation certificate, and go to the social security office to handle it. >>>More
With regard to the non-work-related treatment of employees, Article 14 of the Labor Insurance Regulations stipulates that when a worker or employee dies due to illness or non-work-related injury, the funeral subsidy shall be paid under the labor insurance, the amount of which is the average salary of all workers and employees of the enterprise for 2 months; In addition, under the labor insurance**, according to the number of the immediate family members they support, the relief fee for supporting the immediate family members shall be paid, the amount of which is 6 months to 12 months' wages of the deceased, and the detailed measures are stipulated in the "Implementation Rules". Article 23 of the Draft Amendment to the Detailed Rules for the Implementation of the Labor Insurance Regulations stipulates that when a worker or employee dies due to illness or non-work-related injury, dies after retirement or dies after retirement due to complete loss of labor force due to non-work-related disability, in accordance with the provisions of Article 14 of the Labor Insurance Regulations, in addition to the average salary paid to the enterprise under labor insurance for 2 months as funeral subsidy, the relief fee for supporting immediate family members shall be paid by labor insurance ** in accordance with the following provisions: if he or she supports one immediate family member, 6 months' salary for the deceased; for 2 people, 9 months' salary for the deceased; If there are 3 or more persons, the salary of the deceased is 12 months.
Counted. During working hours and at work, if a person dies of sudden illness or dies within 48 hours after rescue fails, it is regarded as a work-related injury. Compensation according to the standard of work-related death benefits. Article 15 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: >>>More