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Hello, this situation has nothing to do with the construction site, the employee dies of illness after work, and the employer is not liable for compensation.
According to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be deemed to have suffered a work-related injury if he or she 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) Laws and administrative regulations.
Other circumstances that shall be recognized as work-related injuries are stipulated.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) During working hours and at work, sudden illness or death or within 48 hours.
Death after rescue efforts are ineffective;
If an employee dies of a sudden illness while going out to play after work, the employer does not infringe upon the situation and is not liable for compensation. Participated in the basic pension insurance.
, the basic endowment insurance ** pays the funeral subsidy and pension.
The specific standards shall be prescribed by the province, municipality directly under the Central Government or autonomous region where the employer is located, and the employer may voluntarily provide appropriate assistance out of humanistic care; Before reaching the statutory retirement age.
If you completely lose your ability to work due to illness or non-work-related disability, you can receive a disability allowance, and the required funds will be paid from the basic pension insurance**; If the employer does not participate in the basic endowment insurance, the employer shall pay the funeral expenses in accordance with the standards stipulated in the endowment insurance.
and pensions.
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If there is no relationship and there is no way to claim compensation, if it is a sudden illness while working on the construction site and dies within 48 hours, you can refer to the work-related death. However, it is a game trip, which is neither the working time nor the place of work, so there is no reference to the work-related injury, and there is no basis for compensation.
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There is no direct relationship with the construction site, and the contract signed by the employer and you includes accident insurance, you can claim according to the contract, hoping to help you
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I don't think it has anything to do with the construction site, the accident happened during off-duty hours, and it was a game out, and the company may give some symbolic consolation money.
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I went to work on the construction site, went out to play after work, and died of a sudden illness. This site has nothing to do with it. He won't be worthy of you.
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I went out to play after work and died of a sudden illness, which has nothing to do with the construction site.
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Legal analysis: If you get sick on the construction site, the company will not compensate for the medical expenses, which is not a work-related injury. If the illness is caused by its own reasons, the company will not compensate, but will give a little medical expenses and nutrition expenses.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under 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) Being injured in a motor vehicle accident while commuting to or from work;
Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
Article 15 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 disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and 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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Summary. Hello, legal analysis: how to compensate workers who get sick when they go home from work on the construction site:
If it is an occupational disease or a sudden illness or death during working hours and at work, you can receive work-related injury compensation and work-related death compensation. If these two situations do not fall into these two cases, there is no workers' compensation. If the employer pays work-related injury insurance premiums in accordance with the law, it shall pay the following work-related injury compensation:
1. Wages and benefits during the period of suspension of work; 2. The monthly disability allowance received by the disabled employees of the fifth and sixth grades; 3. One-time disability employment subsidy for termination or dissolution of labor contract. Work-related injury insurance** pays the following work-related injury compensation or work-related death compensation: 1. In the event of work-related death, the funeral subsidy, dependent relatives pension and work-related death subsidy received by the surviving family members; 2. Medical expenses and expenses for work-related injuries; 3. Hospitalization meal subsidy and transportation and accommodation expenses for medical treatment outside the overall planning area; 4. The cost of installing and configuring assistive devices for the disabled; 5. Living care expenses for self-care disorders; 6. One-time disability allowance and disability allowance from level 1 to 4; 7. One-time medical subsidy for termination or dissolution of labor contract; 8. Labor ability appraisal fee.
Hello, legal analysis: how to compensate workers who get sick when they go home from work on the construction site: if it is an occupational disease or dies of a sudden illness during working hours and Chiqing work, you can get work-related injury compensation and work-related death compensation.
If these two situations do not fall into these two cases, there is no workers' compensation. If the employer pays work-related injury insurance premiums in accordance with the law, it shall pay the following work-related injury compensation items: 1. Wages and benefits during the period of suspension of work; 2. The monthly disability allowance received by the disabled employees of the fifth and sixth grades; 3. One-time disability employment subsidy for termination or dissolution of labor contract.
Work-related injury insurance** pays the following work-related injury compensation or work-related death compensation: 1. In the event of death due to work-related death, the funeral subsidy, the pension for dependent relatives and the work-related death subsidy received by the surviving family; 2. Medical expenses and expenses for work-related injuries; 3. Hospitalization meal subsidy and transportation and accommodation expenses for medical treatment outside the overall planning area; 4. The cost of installing and configuring assistive devices for the disabled; 5. Living care expenses for self-care disorders; 6. One-time disability allowance and disability allowance from level 1 to 4; 7. One-time medical subsidy for termination or dissolution of labor contract; 8. Labor ability appraisal fee.
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 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) 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 allowance and a monthly disability allowance for disabled employees from the first to the fourth grade; (7) When the labor contract is terminated or dissolved, the one-time medical subsidy shall be enjoyed; In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.
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If the person dies of a sudden illness during the work period or dies within 48 hours of being rescued by a snatching shield, according to the provisions of the work-related injury insurance regulations, he or she can enjoy the work-related death treatment, specifically: (1) The funeral subsidy is 6 months of the average monthly wage of the employee in the overall area in the previous year (2) The pension for dependent relatives shall be paid to the relatives who provided the main living expenses and were unable to work according to a certain proportion of the employee's own salary. The criteria are:
40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan who is alone or orphaned. The approved pension for each dependent relative shall not be higher than the salary of the employee who died in the course of work. The specific scope of supporting relatives shall be prescribed by the social insurance administrative department: (3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.
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Summary. 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 shall be 6 months of the average monthly wage of the employee 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 subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.
Hello, thank you for your consultation, please don't worry, according to your description for your analysis and answer: workers on the construction site did not arrive at work time sudden illness construction site is also responsible, dear, because you still have a certain labor relationship, and it is an accident that occurred on the construction site, 48 hours of death of the nucleus, the construction site is responsible. [Smiling orange pods digging].
Under the premise that there is an old bend in the labor relationship with the boss, if the situation meets one of the conditions not listed, it can be regarded as a work-related injury. (1) Suffering from occupational diseases (identification report is required to prove); (2) During working hours and at work, death from a sudden illness or death within 48 hours after rescue efforts failed;
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: (Jueqing 1) The funeral subsidy shall be 6 months of the average monthly wage of the employee in the overall area in the previous year; (2) The pension for supporting relatives shall be paid to the relatives who provided the main livelihood and struggled for the source of the work-related death of the employee who died on the job and who are unable to work according to a certain proportion of the employee's own salary. The criteria are:
40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent 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 social insurance administrative department; (3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.
There is no death, in the intensive care unit, a large amount of medical expenses are required, is the other party responsible?
Zero-hour workers are uninsured and are hired by a third party.
Hello: There is no death, in the intensive care unit, you need a large amount of medical expenses, if there is no insurance is a zero-hour worker, this situation is not a limb labor relationship, if there is no purchase of work-related injury social insurance, then it is not possible to compensate according to the work-related injury, only according to the accident insurance for compensation, and the responsibility of the employer, this cost also needs to be borne by the employer himself, but because it is an employment relationship, so the burden will be borne by the chain sail according to a certain proportion, Talk about Sakura.
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Summary. According to Article 39 of the Regulations on Work-related Injury Insurance, 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: 1. Funeral subsidy:
Local average wage6; 2. Pension for dependent relatives: according to a certain proportion of the employee's own salary, it will be paid to the relatives who are unable to work and provide the main living expenses during the lifetime of the employee who died due to work. The criteria are:
40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent 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. 3. One-time work-related death subsidy: the standard is 20 times the per capita disposable income of urban residents in the previous year.
On February 26, 2015, the National Bureau of Statistics (NBS) released the Statistical Communiqué of the People's Republic of China on National Economic and Social Development in 2014, announcing that the per capita disposable income of urban residents in 2014 was 28,844 yuan. Therefore, the standard of one-time work-related death subsidy in 2015 is 28,844 yuan, 20 = 576,880 yuan. Due to the unified implementation of the "Regulations on Work-related Injury Insurance" across the country, regardless of whether it is located in the east and west, or economically developed and backward, the national unified standard of one-time work-related death subsidy in 2015 is 576,880 yuan.
Hello, I am glad to answer for you: Yes, according to Article 15 of the Regulations on Work-related Injury Insurance, if an employee has one of the following circumstances, it will be regarded as a work-related injury: during working hours and at work, he dies of sudden illness or dies within 48 hours after rescue fails; Suffering damage from bridges and objects in activities such as emergency rescue and disaster relief to safeguard national interests and public interests; Wait a minute.
According to Article 39 of the Regulations on Work-related Injury Insurance, 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. Funeral subsidy: local average salary 6; 2. Pension for dependent relatives:
According to a certain proportion of the employee's own salary, it will be paid to the relatives of the employee who died on the job and provided the main livelihood during his or her lifetime and was unable to work. The standard is 40% per month for spouses, 30% per month for other relatives, and 10% per month for each elderly or orphan.
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. 3. One-time work-related death subsidy: the standard is 20 times the per capita disposable income of urban residents in the previous year. On February 26, 2015, the National Bureau of Statistics released the Statistical Communiqué of the People's Republic of China on National Economic and Social Development in 2014, announcing that the per capita disposable income of urban residents in 2014 was 28,844 yuan.
Therefore, the standard of one-time work-related death subsidy in 2015 is 28,844 yuan, 20 = 576,880 yuan. Due to the unified implementation of the "Regulations on Work-related Injury Insurance" across the country, regardless of whether it is located in the east and west, or economically developed and backward, the national unified standard of one-time work-related death subsidy in 2015 is 576,880 yuan.
I think it's easiest to use a mobile app to keep a bookkeeping when working on a construction site, because you can do it at any time and you can't make mistakes. I use the worksite bookkeeping software, you can also try it.
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