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Half a month after the birth of the work unit, when I go to the Ishigaki unit, I need to compensate the funeral expenses of the family and the consolation money of the family, which can account for more than 50% of the personal salary. Generally, the court will support between 100,000 and 250,000.
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If the unit dies half a month after the accident on the job, there is no work-related injury insurance, so the unit needs to give appropriate compensation according to the local food wage.
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If the death is caused by the deterioration of the work-related injury, it is a work-related death compensation, and if it is another cause, such as a traffic accident, the work-related injury part and the traffic accident part will be compensated separately.
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The amount of compensation can be determined by the identification of the injury and the division of responsibilities in the nature of the work of the unit, and if it is unreasonable, you can also find the local labor bureau for arbitration.
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You can apply for work-related injuries according to the procedures of workers' compensation and the standards vary from place to place.
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The compensation standards for work-related death are as follows:
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 is 40 per cent per month for spouses, 30 per cent per month for each other relative, and 10 per cent per month for each elderly or orphan.
3.The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year.
4.If a disabled employee dies due to a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the funeral subsidy of 6 months at the average monthly salary of the employee in the overall area of the previous year.
Legal basis] Article 36 of the Social Insurance Law provides that if an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury, he or she shall enjoy work-related injury insurance benefits; Among them, it has been appraised by labor ability.
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This situation. Units are minimal.
It is also necessary to pay 900,000 yuan.
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It's not very clear, it's almost more than 800,000, and it depends on the age.
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The compensation standards for sudden death at work are as follows:
1. Funeral subsidy, 6 months of average monthly wages of employees in the overall area in the previous year;
2. The pension for supporting relatives shall be paid to relatives according to a certain proportion of the employee's own salary;
3. One-time work-related death subsidy, 20 times the per capita disposable income of urban residents in the previous year.
What are the double compensation items for work-related traffic accidents?
1. Work-related injury: one-time disability subsidy and one-time work-related death subsidy;
2. Traffic accidents: disability compensation, death compensation;
3. Work-related injuries: disability allowance, one-time work-related injury medical subsidy and disability employment subsidy;
4. Traffic accidents: nutrition expenses, mental loss expenses, accommodation expenses for escorts, and food expenses.
[Legal basis].Article 36 of the Social Insurance Law of the People's Republic of China.
If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.
The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
Article 37.
If an employee is at work due to one of the following circumstances, it shall not be deemed to be a work-related injury:
1) Intentional crime;
2) Drunkenness or drug abuse;
3) self-harm or suicide;
4) Other circumstances provided for by laws and administrative regulations.
Article 38.
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) 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 employees with disabilities 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 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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Legal basis: Regulations on Work-related Injury Insurance
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.
Article 37 If an employee dies on the job, his immediate family members 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) 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 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 supporting relatives shall be prescribed by the labor and social security administrative department; (3) The standard of one-time work-related death subsidy shall be the average monthly wage of employees in the overall area for 48 months to 60 months 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. Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his immediate family members 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 immediate family members may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.
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If a party dies in a car accident on the way to work, if it is determined to be a work-related injury, the employer shall compensate him in accordance with the provisions of the work-related injury insurance regulations. China's "Regulations on Work-related Injury Insurance" stipulates that if an employee is injured in a traffic accident or an accident in urban rail transit, passenger ferry, or train for which he or she is not primarily responsible on the way to and from work, it shall be recognized as a work-related injury.
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