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Anonymous users2024-02-08Compensation for work-related death should be borne by the work-related injury insurance fund, if the unit does not pay work-related injury insurance to the employee, then the compensation should be borne by the unit that has established labor relations with the employee, if there is a subcontract, then the contractor shall bear the liability for compensation, if the contractor does not have the contracting qualification, then the subcontractor and the contractor shall jointly bear the liability for compensation.
In accordance with the Regulations on Work-related Injury Insurance
Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance fund 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 the spouse, 30% per month for each other relative, and 10% per month for each widow or orphan on the basis of the above standard.
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 of the State Council.
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.
If a disabled employee of the first to fourth grades dies after the expiration of the period of suspension of work with pay, his close relatives may enjoy the benefits provided for in subparagraphs (1) and (2) of the first paragraph of this article.
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Anonymous users2024-02-07Hello, if you die from a work-related injury, the boss is responsible for compensation. If there is something you don't understand or don't understand about work-related death compensation, it is recommended to seek out a legal person such as a work-related injury lawyer to ask. For example, I don't know how to provide legal aid.
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Anonymous users2024-02-06Legal Analysis: The boss will not go to jail if he has no money to compensate for the death of a work-related injury.
Legal basis: "Criminal Law of the People's Republic of China" Article 313:Where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
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