For work related death compensation, can I be cremated if I get an application for work related inju

Obtaining the application for work-related injury recognition is only the first step in the work-related injury determination. The deceased can only be cremated after obtaining the work-related death certificate from the enterprise and the work-related injury insurance institution and entering the work-related death compensation procedure.

Otherwise, things may be repeated, and even the enterprise refuses to admit the work-related death and cannot get a one-time work-related death subsidy.

According to the Regulations on Work-related Injury Insurance, after an employee's death at work, the family members can receive a one-time work-related death allowance.

2) Requirements: No.

1. The immediate family members of disabled employees who die due to work-related injuries during the period of suspension of work and pay shall enjoy the funeral subsidy, pension for dependent relatives, and one-time work-related death subsidy as provided for in the first paragraph of this article; Clause.

2. The immediate family members of disabled employees of the first to fourth grades who die after the expiration of the period of suspension of work with pay may enjoy the benefits of the funeral subsidy provided for in item (1) of the first paragraph of this article and the pension for dependent relatives provided for in item (2).

Cremation is possible, and cremation of work-related death does not affect the application and compensation for work-related injury determination.

Yes, if there is no factual justice, there is no need for a forensic examination, and it can be cremated after identification.

It also depends on the attitude of the unit, even if you delay the cremation for a month, there will be a risk that you will not be compensated by the unit for work-related injury compensation.

Because after applying for a work-related injury determination, even if the work-related death certificate is issued, the employer can apply to the state (municipal) labor bureau for administrative reconsideration or directly file an administrative lawsuit with the people's court within 60 days.

Legal analysis: cremation is not necessary, and can be determined according to the requirements of the human resources and social security department. You must first apply for a determination of work-related death, and only after obtaining the determination of work-related injury can you apply for labor arbitration, which will be treated as a work-related death.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the State: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.

If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal Analysis: Yes. If the work-related death is not recognized by the company, apply to the local social security bureau and be recognized by the human resources and social security bureau, and it is not necessary to submit a cremation certificate, but a death certificate.

However, to apply for death benefits from the social insurance agency, it is necessary to submit a cremation certificate, and if other burial methods can be adopted according to the funeral management policy, a certificate from the civil affairs department shall be submitted.

Legal basis: Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification: (1) Application form for work-related injury identification; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee. Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

If the work-related death is not determined, cremation cannot be carried out first. The procedures for determining work-related fatalities are as follows:

1. If the application conditions for work-related injury recognition are met, the labor and social security administrative department shall accept it;

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 administrative department of Lao Tanxian Dynamic Security, he 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.

The main criteria for determining work-related fatalities are:

1. Death due to work-related reasons during working hours and in the workplace;

2. Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;

3. Accidental death due to violence or other accidents during working hours and in the workplace due to the performance of work duties;

4. Death directly caused by work-related accidents or occupational disease poisoning.

Legal basisArticle 19 of the Regulations on Work-related Injury Insurance.

After accepting the application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the review, conduct an investigation and verification of the injuries caused by the collapse accident, and the employer, employees, trade union organizations, medical institutions, and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The social insurance administrative department shall no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of the letter of the occupational disease diagnosis group in accordance with the law.

If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.