How to claim compensation if an employee is found dead within 4 hours of leaving work?

If an employee dies, it is first necessary to determine whether it is a work-related injury. It is necessary to determine the cause of death of the employee. If an employee is found dead after leaving work, the time and place of death need to be determined.

If the death of the employee occurred in the workplace and during working hours, then it is necessary to determine whether the employee committed suicide or self-harm. The employee's family members can apply for a work-related injury determination, which will be recognized by the labor department.

If it is determined to be a work-related death, then the employee's family can enjoy work-related death benefits. 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** 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.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

If the result is a non-work-related death, then the family needs to analyze and defend their rights according to the specific reasons.

1. If the unit has overtime work, the employee can ask to bear part of the responsibility.

2. If it is caused by a third party, then the third party is required to compensate through judicial channels.

3. If the employee commits suicide, the family members cannot claim other compensation, and can enjoy the pension and funeral subsidy paid by the pension insurance.

If you want to identify a work-related injury, I am afraid that it is not possible to follow the standard of 4 hours, but to prove that the accident occurred on the normal way to work. The specific regulations are as follows:

If an employee commutes to and from work on a reasonable route between the place of work and the place of residence of his or her spouse, parents or children within a reasonable time, it may also be deemed to be a work-related injury. Those who are injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains for which they are not primarily responsible. "Commuting to or from work" means a personal injury accident that occurs at a necessary time and time between the residence and the work area.

Therefore, if it is an accident that occurs after arriving home or leaving the usual route to get off work and go to another place to run errands, it does not meet the above requirements.

In the event of the death of an employee injured in a work-related accident, the following compensation may be paid to the employee by the work-related injury insurance** in accordance with the law: funeral subsidies shall be paid to his close relatives at six times the average monthly salary of the employee in the overall planning area in the previous year; According to a certain percentage of the employee's own salary, the pension for dependent relatives shall be paid; and a one-time work-related death allowance at 20 times the per capita disposable income of urban residents in the previous year.

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) During working hours and in the workplace, being injured by violence or other accidents due to the performance of work duties; (4) Suffering from an occupational disease; (5) During the period of going out for work, they are injured due to work omission or the whereabouts of an accident are unknown; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

If an employee dies suddenly during off-duty hours, the company generally does not compensate him. However, if it is determined to be a work-related injury or is treated as a work-related injury, the close relatives can receive 6 months of the average monthly salary of the employee in the overall area in the previous year from the work-related injury insurance** as a funeral subsidy; and the pension for dependent relatives determined according to the proportion of the employee's salary during his or her lifetime.

Article 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; Chang Bang.

(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 an occupational disease;

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

(6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;

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

1. If it is determined that there is a work-related injury, you can claim work-related injury insurance benefits, including:

1) Medical expenses;

2) One-time ** subsidy: the number of statutory months of the worker's monthly salary (the number of months varies according to the level of disability);

3) One-time ** employment grant.

2. Specifically, if it is not determined that the work-related injury is not made, you can only claim the relevant bereavement benefits and funeral subsidies.

Article 15 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be regarded as a work-related injury:

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 originally served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained the certificate of revolutionary disabled soldiers, and were injured after being hired by the unit.

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 provisions of these Regulations.

This situation is not a work-related injury, and it cannot enjoy the benefits of work-related death, and it is a non-work-related death.

According to Article 14 of the Regulations of the People's Republic of China on Labor Insurance, the treatment of workers and employees and their dependent immediate family members in the event of death: when workers and employees die on the job, the administrative side or the management of the enterprise shall pay funeral expenses, the amount of which is the average salary of all workers and employees of the enterprise for two months. In addition, under the labor insurance**, according to the number of 59 immediate family members supported by the deceased, the amount of which is 25% to 50% of the deceased's own salary, is paid monthly until the dependant loses the condition of support.

The detailed measures are set out in the implementation rules.

According to Article 23 of the Draft Amendment to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance, when a worker dies due to illness or non-work-related injury, dies after retirement or dies after retirement due to complete loss of labor force due to non-work-related disability, in accordance with the provisions of Article 14, Paragraph B of the Labor Insurance Regulations, in addition to the average salary paid to the enterprise under labor insurance ** for 2 months as funeral subsidy, and according to the following provisions of labor insurance** The next relief fee for supporting the immediate family members: if the person supports one of the immediate family members, the salary of the deceased himself is 6 months; for 2 people, 9 months' salary for the deceased; If there are 3 or more persons, the salary of the deceased is 12 months. Article 45 stipulates that the immediate family members of workers and employees.

Those who rely on the workers and employees for their main livelihood and fall under one of the following paragraphs may be listed as the immediate family members of the workers and employees and enjoy labor insurance benefits: 1. The grandfather, father or husband has reached the age of 60 or is completely out of work; 2. Grandmothers, mothers, and wives who are not engaged in paid work; 3. Children (including adopted children, children born to ex-wives or ex-husbands, children born out of wedlock), younger siblings (including half-siblings or half-siblings) are under the age of 16; 4. The grandchild is under the age of 16, the father is dead or completely out of work, and the mother is not in paid employment.

According to the above legal provisions, the compensation standards for employees who die not due to work-related reasons: 1funeral subsidy, the average salary of the employees of the enterprise is 2 months; 2.

Relief expenses for supporting immediate family members are to be paid for 6 months, 9 months, and 12 months' wages respectively

Relief expenses, if he supports one of his immediate family members, the salary of the deceased himself for 6 months; for two people, 9 months' salary for the deceased; If there are three or more persons, the deceased's salary shall be paid for 12 months.

Generally, it is not suitable to be recognized as a work-related injury, but you can enjoy non-work-related death benefits, and the standards vary from place to place, so you must consult the local labor department.

Hello: It is not a work injury, and the unit is not responsible.