In the event of a traffic death on the way to and from work, the manufacturer is responsible for the

The unit should also bear the corresponding liability for compensation.

If a traffic death occurs on the way to and from work, if it is not the main responsibility of the person, he or she can apply for a work-related injury determination and enjoy work-related injury benefits.

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** 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 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.

This depends on what insurance the unit buys.

On the way to work, if a person dies in a traffic accident that is not the person's primary responsibility, it shall be found to be a work-related injury. According to the law, a person who is injured in a traffic accident or urban rail transit, passenger ferry, train accident, etc., for which he or she is not primarily responsible while commuting to and from work, is a work-related injury.

What are the working steps for dealing with traffic accidents?

1. Accept and report the case. After receiving the report of the party or other persons, the public security traffic management department shall file the case in accordance with the scope of jurisdiction;

2. On-site processing. After accepting the case, the public security traffic management department immediately dispatched personnel to the scene to rescue the injured and property, investigate the scene, and collect evidence;

3. Determination of responsibility. On the basis of ascertaining the facts of the traffic accident, the public security traffic management department shall make a determination of the traffic accident responsibility of the parties according to the causal relationship between the violation of the accident and the traffic accident, and the size of the role;

4. Adjudication and punishment. The public security traffic management department shall, in accordance with the relevant regulations, give warnings, fines, suspensions, revocation of driver's licenses or detention to the person responsible for the accident;

5. Mediation of damages. For the compensation for personal injuries, deaths and economic losses caused by traffic accidents, in accordance with the relevant provisions and compensation standards, according to the corresponding compensation ratio of the accident responsibility, the public security traffic management department shall convene the parties to mediate. The two parties agree to reach an agreement that the accident mediator will prepare and issue a compensation mediation letter;

6. Filing a lawsuit with the court. If the mediation between the two parties fails within the statutory time limit, the public security traffic management department shall terminate the mediation and issue a letter of mediation conclusion, and the parties shall file a civil lawsuit with the court.

Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time: first, the traffic accident must occur at the specified time of commuting to and from work; Second, it must have been a traffic accident on the route to and from work; Third, it must be the person who is not fully responsible or not the main responsibility; Fourth, it must be a road traffic accident caused by a motor vehicle. According to the Regulations on Work-related Injury Insurance, an employee shall be recognized as a work-related injury if he or she has one of the seven circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; 5) Injured or unaccounted for in an accident while away for work; 6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance shall be recognized as a work-related injury if an employee has any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; 5) Injured or unaccounted for in an accident while away for work; 6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Is it a work-related injury if you are injured on the way to work?

If the traffic accident for which the employee is primarily responsible cannot be recognized as a work-related injury, the company can pay the funeral expenses.

According to the relevant regulations of the Ministry of Labor, if an employee has a traffic accident on the way to work, it will be treated as a work-related injury. Although no employment contract was signed, it did not affect the nature of the incident.

Hello, 1. Your friend's situation should be a work-related injury, if the employer does not help your friend apply for work-related injury recognition within one month from the date of the accident, your friend's close relatives can apply to the local labor and social security bureau where the employer is located within one year from the date of the accident to apply for work-related injury identification, of course, the fact that the labor relationship can still provide evidence now, as soon as possible to apply for work-related injury identification, after the work-related injury is determined, if the employer does not compensate according to the work-related injury, your friend's close relatives can apply for labor arbitration, Require the employer to compensate for the work-related injury. Work-related compensation items include funeral benefits, dependent family pensions and one-time work-related death benefits. 2. Regarding the traffic accident part, although your friend bears the primary responsibility for the accident, the van bears the secondary responsibility, right?

Your friend's first-order heirs, that is, parents, spouses, and children, can ask the insurance company of the van to bear the liability within the scope of the liability limit of the compulsory traffic insurance, that is, 122,000 yuan, and the part exceeding 122,000 yuan can require the owner and driver of the van to jointly and severally compensate for the loss of 40 yuan. Traffic accident compensation items include funeral expenses, death compensation, living expenses for dependents, solatium for mental damages, lost work expenses, transportation expenses, accommodation expenses, etc. The specific calculation standard is to implement the principle of the place where the accident occurred and the place of household registration.

Summary. Hello dear! We are glad to provide you with excellent service!

If a traffic accident occurs on the way off work, resulting in the death of the other party, the work-related injury insurance will compensate you, and there will be compensation. Article 14 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: (6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work.

Article 39 If an employee dies on the job, his close relatives 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:

If a traffic accident occurs on the way to work and the other party dies, will the work-related injury insurance compensate you?

Hello dear! We are glad to provide you with excellent service! If a traffic accident occurs on the way off work, resulting in the death of the other party, the work-related injury insurance will compensate you, and there will be compensation.

Article 14 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: (6) On the way to and from work, he or she is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or fire that is not his or her primary responsibility. Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for supporting relatives and a one-time work-related death subsidy from the work-related injury insurance in accordance with the following provisions:

Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance in accordance with national regulations: (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) Those who are unable to take care of themselves shall be provided with living care expenses confirmed by the Labor Ability Pants Liquid Appraisal Committee; (6) A one-time disability subsidy and a monthly 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 insurance agency may recover in accordance with the provisions of Article 63 of this Law.

If the person is primarily responsible for the death caused by a traffic accident on the way to work, and if the person is not primarily responsible, the work-related injury will be paid monthly from the labor insurance premium to the work-related disability pension or work-related disability allowance. Article 14 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) Injured in an accident during working hours and in the workplace due to work-related reasons; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; 5) Injured or unaccounted for in an accident while away for work; 6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.