Silicosis death compensation standards, the state compensation for the family after the death of sil

Article 37 of the Work-related Injury Insurance stipulates that "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 shall be 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 and were unable to work according to a certain proportion of the employee's own salary. The criteria are:

40 per month for spouses, 30 per month for other relatives, and 10 per month for each elderly 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 labor and social security administrative department; If your father died as a result of a work injury, he will be entitled to the benefits of subsection (1); If your mother is unable to work and has no other income, she is entitled to the benefits of subsection (2).

According to the provisions of the Regulations on Work-related Injury Insurance, the heirs have the rights.

If an employee dies on the job, his close relatives shall receive funeral allowances, 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 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.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

For patients with silicosis, comprehensive measures should be taken, including removing silica dust operations, strengthening nutrition, adhering to medical treatment, and increasing the body's ability to resist infection. At the same time, according to the patient's condition, symptomatic treatment. The four drugs of hexamethyl, piperaquine hydroxyphosphate, cresipine and aluminum citrate in clinical application act on different links in the occurrence and development of silicosis.

Silicosis grade 4 died this year, how to compensate for not retiring.

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Specifically, the pension refers to the pension caused to the family due to the death of an employee with silicosis, and the amount of compensation for each beneficiary shall not exceed 200,000 yuan each time. Funeral subsidy refers to the funeral subsidy paid to the family due to the death of an employee with silicosis, and the amount of compensation per person shall not exceed 20,000 yuan each time. The living allowance for dependents refers to the monthly living allowance paid to the dependents after the death of an employee with silicosis, which does not exceed 1,000 yuan per person per month.

Medical subsidy refers to the medical subsidy paid to the family members of an employee with silicosis after the death, and the amount of compensation per person does not exceed 2,000 yuan each time.

State compensation for family members after silicosis death.

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Specifically, the pension refers to the pension caused to the family due to the death of an employee with silicosis, and the amount of compensation for each beneficiary shall not exceed 200,000 yuan each time. Funeral subsidy refers to the funeral subsidy paid to the family due to the death of an employee with silicosis, and the amount of compensation per person shall not exceed 20,000 yuan each time. The living allowance for the dependents refers to the monthly living allowance paid to the dependents after the death of the employee with silicosis, which does not exceed 1,000 yuan per person per month.

Medical subsidy refers to the medical subsidy paid to the family members of an employee with silicosis after the death, and the amount of compensation per person does not exceed 2,000 yuan each time.

Legal basis: According to the Regulations on the Compensation of Silicosis Employees, after the death of silicosis, the family can receive financial compensation including pension, funeral subsidy, living allowance for dependents, and medical treatment subsidy.

In December 2000, the Intermediate People's Court of Wenzhou City, Zhejiang Province, accepted the case of compensation for damages involving the highest amount of subject matter and the greatest social impact in the history of Wenzhou, namely the case of the plaintiff Cai Siye et al. v. Chen Yixiao, Taishun County Tunnel Engineering Company and 13 other defendants over compensation for personal damages (damages caused by silicosis occupational diseases). The amount involved in the case amounted to more than 200 million yuan, and there were more than 100 parties involved, and it was also the first case of work-related injury compensation for "silicosis" groups in China.

Legal basis: Article 20 of the Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's employer in writing. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.