In what ways can a person who has died in the line of duty claim compensation?

1. The object of compensation: the security company, the service unit (the unit where the incident occurred) 2. The compensation that your relatives can claim includes:

1. Due to the existence of an employment relationship between relatives and the security company, as an employee who dies on the job, the security company shall pay:

Death compensation, funeral expenses, spiritual solace, and living expenses for your relatives or dependents (the exact amount varies by region).

2. Because the direct cause of death was the death of the building materials of the dangerous building, the unit where the incident occurred (the owner or manager of the building) should bear civil liability. The burden of proof is on the unit. If the unit where the incident occurred can prove that it is not at fault, the unit will not be liable for the corresponding civil compensation for your relatives.

3. For legal provisions, please refer to Article 126 of the General Principles of the Civil Law and Article 37 of the Regulations on Work-related Injury Insurance.

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 or orphan who is lonely 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;

3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year. The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.

Because you have purchased commercial insurance ("family portrait" type insurance items and personal accident insurance), you can claim compensation from commercial insurance institutions.

Generally speaking, the employer should also have social insurance and receive a pension at the Social Security Bureau.

There are also security companies, as civil liabilities, should also bear the corresponding liability for compensation.

However, the unit where the incident occurred has no responsibility, because it only has a relationship with the security company, and even if there is compensation, it is paid to the security company.

Second, according to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, disability compensation is calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Accordingly, the first-level disability is calculated according to the 100 of this standard, and the next level is decreasing in order of each lower level, which means that your 10th level disability is calculated according to the 10 of this standard.

Find a lawyer for detailed consultation, or hire a lawyer, don't be misled, after all, it's not a trivial matter!

Legal analysis: 1. The distribution subject is the compensation right holder of the death compensation. Since the nature of the death benefit is property damage, its content is compensation for the expected income of the deceased's family as a whole.

Therefore, the person entitled to compensation first refers to the close relatives within the scope of the family members living with the deceased, i.e., the first-order heir Gao Pei, that is, the spouse, parents, and children, and only when the first-order heir does not exist at all, the inheritance begins to be inherited by the second-order heir, i.e., siblings, grandparents, and maternal grandparents. 2. The division of the death compensation is different from the distribution of the estate. In principle, the death compensation should be jointly obtained by the members of the family life community, and if the parties do not request division, the people's court does not take the initiative to divide it, and the parties request the division and the compensation agreement does not specify the compensation items, it shall be regarded as a mixed compensation for the material losses and moral damages of the right holder.

Before dividing the compensation, the funeral expenses actually paid should be deducted, and the interests of the dependents should be given priority, and the distribution of the remaining part should be appropriately divided according to factors such as the proximity of the deceased, the closeness of living with the deceased, and the living **, rather than equal distribution. Of course, if the heir expressly renounces or transfers, his expression of intent should be respected.

Legal basis: Regulations on Work-related Injury Insurance

Article 40: Disability allowances, pensions for dependent relatives, and living care expenses shall be adjusted by the social insurance administrative department of the coordinating region in a timely manner on the basis of changes in the average wages and cost of living of employees. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 41 If an employee has an accident or is missing during the rescue and disaster relief due to work, he or she shall be paid wages within 3 months from the month in which the accident occurs, and the wages shall be suspended from the 4th month, and the work-related injury insurance** shall pay the pension to his dependent relatives on a monthly basis. If you have difficulties in living, you can advance 50% of the one-time work-related death allowance. Where an employee is declared dead by a people's court, it is to be handled in accordance with the provisions of Article 39 of these Regulations on the death of an employee on the job.

China's latest standard for the payment of one-time pensions for martyrs and those who died in the line of duty is as follows: For martyrs and those who died in the line of duty, it is 20 times the per capita disposable income of urban residents in the previous year plus the basic salary or basic retirement allowance for the first 40 months of their lives.

vBasis of execution:

Notice on issues related to the issuance of one-time death pensions for employees of state organs and retirees.

The civil affairs departments (bureaus), human resources and social security departments (bureaus), and finance departments (bureaus) of all provinces, autonomous regions, and directly under the Central Government, the Fujian Provincial Civil Service Bureau, the Civil Affairs Bureau, the Personnel Bureau, the Labor and Social Security Bureau, and the Finance Bureau of the Xinjiang Production and Construction Corps, ** and the personnel (cadre) departments of all departments and directly affiliated institutions of state organs

On August 1, 2011, the "Regulations on the Praise of Martyrs" and the "Decision on Amending the Regulations on the Preferential Treatment of Military Pensions" promulgated and implemented by the Military Commission adjusted the standard of one-time pensions. In order to adapt to the changes in the relevant policies, the following notice is hereby given on the issues related to the issuance of one-time death pensions for the staff of state organs and retirees:

1. Adjust the standard for the payment of one-time pensions.

Since August 1, 2011, in the event of the death of a staff member of a state organ or a retiree, the standard for the payment of a one-time bereavement pension has been adjusted to: for martyrs and those who have died in the line of duty, it shall be 20 times the per capita disposable income of urban residents in the previous year plus the basic salary or basic retirement allowance for the first 40 months of their lives; In the case of death, it shall be twice the per capita disposable income of urban residents in the previous year plus the basic salary or basic retirement allowance for the first 40 months of the person's life. The requirements for the granting of a lump-sum pension continue to be met through the current channels.

2. Methods for calculating and paying one-time pensions.

The calculation and payment of the lump-sum death pension for the staff of state organs and retirees shall still be implemented in accordance with the relevant provisions of the Notice of the Ministry of Civil Affairs, the Ministry of Personnel and the Ministry of Finance on the Measures for the Payment of One-time Death Pensions for the Death of State Functionaries and Retirees (Min Fa 2007 No. 64).

Ministry of Civil Affairs, Ministry of Human Resources and Social Security, Ministry of Finance.

2. November 15, 111.

The Chongqing Municipal Bureau of Finance, together with the Civil Affairs Bureau and the Chongqing Municipal Personnel Bureau, issued the Notice on Issues Concerning the Death Pension of State Organ Workers and People's Police, adjusting the standard of one-time pension for the death of Chongqing Municipal State Organ Workers and People's Police, and increasing the pension for death in the line of duty (work-related death) from the original 40 months to 54 months' basic salary; The payment of a one-time pension to the surviving family members of a staff member of a public institution in Chongqing Municipality may be implemented by reference. The policy has been in effect since 1 October 2004.

There is no compensation, only compensation and bereavement.

The funeral allowance shall be paid according to the six-month standard of the average salary of employees in the previous year of the province, autonomous region and municipality directly under the Central Government. The pension for dependent relatives is paid at the rate of 40 per cent of the average monthly salary of the previous year per month for the spouse, 30 per cent per month for each other dependent relative, and an additional 10 per cent per month for each of the elderly or orphans on the basis of the above. The total amount of the pension may not exceed the salary of the deceased.

When the dependent relative loses his or her support conditions, he or she is no longer entitled to this pension. The standard of a one-time work-related death subsidy is the amount of 48 months to 60 months of the average salary of employees in the province or city in the previous year.

The one-time pension of civil servants is 20 times the income of the local residents. Where civil servants die in the line of duty, or die of illness in the line of duty, their relatives enjoy the bereavement benefits and preferential treatment provided for by the state. The State shall establish an insurance system for civil servants to ensure that civil servants receive assistance and compensation in the event of retirement, illness, work-related injury, maternity, unemployment, etc.

Civil servants who become disabled in the course of their duties shall enjoy the disability benefits provided for by the state.

Civil servants are compensated for their duties.

The specific criteria are as follows:

1. The funeral subsidy shall be paid according to the standard of 6 months of the average salary of employees in the previous year of the province, autonomous region and municipality directly under the Central Government.

2. The pension for supporting relatives is paid to the relatives of the deceased who provided the main livelihood of the deceased during his lifetime. The standard is as follows: 40% of the average monthly salary of the province, autonomous region or municipality directly under the Central Government in the previous year for spouses, 30% per month for each other dependent relative, and 10% per month for each elderly or orphan who is alone or orphaned on the basis of the above standard.

The total amount of the pension may not exceed the salary of the deceased. When the dependent relative loses his or her support conditions, he or she is no longer entitled to this pension.

3. The standard of one-time work-related death subsidy shall be the amount of 48 months to 60 months of the average salary of employees in the province, autonomous region and municipality directly under the Central Government in the previous year, and the specific standard shall be determined by the province, autonomous region and municipality directly under the Central Government. In the event of death during the period of disability pension from the first to the fourth degree, a one-time work-related death allowance shall be paid at 50% of the standard amount.

The disability pension and the pension for dependent relatives in the appeal of various work-related injury insurance benefits shall be adjusted annually by the provinces, autonomous regions and municipalities directly under the Central Government according to a certain percentage of the increase in the average wage of employees in the previous year.