Work related Death Compensation Standard The company did not provide labor insurance

First of all, it is important to gather evidence of your brother's employment there, such as pay slips, etc., as well as personal evidence (i.e., an insider such as your brother's co-worker), which can establish your brother's employment relationship with the employer.

Then go to the local labor bureau to ask for the treatment (because the implementation rules of each place are different, and the compensation standard is also different), it is best to ask a professional lawyer in the relevant field to consult or entrust him to help you.

Because your brother was injured at work, you have to go to your brother's employer, and your brother's employer should come forward to negotiate with the train.

Hello everyone, my younger brother has been working in the company for two years and lost his life by a private train during a work delivery. How should I be compensated? The company did not provide labor insurance, what should I do? Can anyone help me.

Question added: There are no warning lights and street lights where their trains haunt, and we are from Dashiqiao, Liaoning. The company has no labor insurance, only accompanies more than 30,000 points!What am I going to do?

At present, my parents have a nervous breakdown and are unable to work, and my current daughter-in-law is a few months pregnant. I can't work right now.

Is human life worth more than 30,000 yuan?

I have the material now.

You can sue the company, and it doesn't matter if you don't have insurance; It is also possible to sue the train, which has nothing to do with whether or not there is a work injury. I think it's very certain, but I don't see the relevant materials and the detailed facts of the case to provide further information.

The compensation criteria can be found on my blog.

Report to the labor and social security department.

Legal analysis: If the employer fails to pay the work-related injury insurance premiums in accordance with the law, and the employee dies due to work-related injuries, the employer shall pay the following work-related injury insurance benefits: the funeral subsidy shall be 6 months of the average monthly wage of the employee in the overall area in the previous year; The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year.

legal basis; Article 41 of the Social Insurance Law of the People's Republic of China If the employer to which the employee belongs fails to pay the work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the 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.

How to compensate for the death of a work-related injury if the unit does not have work-related injury insurance? How to compensate for the death of a work-related injury if the unit does not have work-related injury insurance? First of all, you must apply to the local labor department for work-related injury identification, and after getting the work-related injury determination decision issued by the labor department, you can get the corresponding compensation.

First of all, it is necessary to apply to the local Yinyuan labor department for work-related injury identification, which is very critical and the premise of all problems, if you do not apply for work-related injury identification, everything is in vain, if the unit does not apply, the employee's relatives must apply within one year from the date of injury. If the death is determined to be work-related death, you can receive compensation after obtaining a work-related injury determination decision issued by the labor department. legal basis;

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: the funeral subsidy shall be 6 months of the average monthly wage of the employee in the overall area in the previous year; The pension for dependent relatives shall be paid to the relatives who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year.

3.The above compensation has nothing to do with whether or not to pay work-related injury insurance. If the employer fails to fulfill the above obligations, you can file a complaint with the local labor inspection brigade or directly apply to the labor arbitration commission for arbitration.

Do you understand this explanation?

If the employer does not purchase work-related injury insurance and dies of work-related injury, the employer shall be liable for compensation. Compensation items include bereavement pensions and one-time work-related death benefits.

1. Scope of work-related injury insurance reimbursement.

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) Hospitalization meal subsidy;

3) 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) If you are unable to take care of yourself, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) One-time disability allowance and monthly disability allowance for disabled employees from grade 1 to 4;

7) A one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the subsidy for the death of the surviving family members shall be received;

9) Labor ability appraisal fee.

2. Reimbursement ratio of work-related injury insurance.

1. The reimbursement ratio of work-related injury insurance is 100% paid in full once the insured employee is identified as a work-related injury. Designated medical institutions in the city can make direct bills.

2. Article 29 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that "employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments. If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the unit's food subsidy standard for business trips; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, accommodation and food expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business trips. ”。

Companies that are not work-related fatalities are required to compensate as follows:

1. Funeral expenses, the average salary of employees of the enterprise is 2 months;

2. One-time relief payment, if the deceased supports 1 immediate family member, the salary of the deceased himself is 6 months. For 2 people, the deceased's own salary is 9 months. If there are 3 or more persons, the salary of the deceased is 12 months.

If you die suddenly at home, you should find out whether the sudden death is related to the company. If the employee dies not due to work, the employer does not infringe the contract, and there is no need to compensate, but the infringer compensates. If an employee dies non-work-related and there is no infringer, or if there is an infringer but the infringer is unable to obtain compensation, the employer and the social insurance institution shall pay the death benefit in accordance with the provisions of the province where the employee dies due to illness or non-work-related death.

The death benefit consists of funeral expenses, pensions (relief funds) and regular living difficulties subsidies for supporting immediate family members. If an employee dies non-work-related and there is an infringer and compensation is received from the infringer, and the cost of the compensation item is lower than the non-work-related death benefit in the province where the employee is located, the employer or social insurance institution shall make up the difference.

legal basis; Article 17 of the Social Insurance Law of the People's Republic of China.

If an individual participating in the basic endowment insurance dies due to illness or non-work-related reasons, his surviving family members can receive funeral subsidies and pensions;

Those who completely lose their ability to work due to illness or non-work-related disability when they have not reached the statutory retirement age may receive sickness and disability allowance. The required funds are paid out of the basic pension insurance**.

Article 18 Forest Chain.

The state shall establish a normal adjustment mechanism for basic pensions. According to the increase in the average salary of employees and the price of goods, the level of basic pension insurance benefits should be increased in a timely manner.