Can the legal process of accidental death of a temporary worker be followed?

It is everyone's right to go through the legal process, and they can claim their rights in accordance with the law.

Since the implementation of the Labor Law, there is no distinction between regular and temporary workers, only the duration of the contract is different, and all employees under the labor contract system enjoy equal rights. If an employee suffers an accident injury or dies due to work-related reasons, and meets one of the circumstances specified in Articles 14 and 15 of the Regulations on Work-related Injury Insurance, but there are no circumstances specified in Article 16, it shall be recognized as a work-related injury or treated as a work-related injury, and he or she shall enjoy work-related injury insurance benefits in accordance with the law.

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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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

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 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

General Office of the Ministry of Labor.

Reply to the "Request for Instructions on Temporary Workers, etc.".

Lao Ban Fa 1996 No. 238.

1. On the question of whether to retain the reference to "temporary workers". After the implementation of the Labor Law, all employers and employees have fully implemented the labor contract system, and all types of employees enjoy equal rights in the employer. As a result, the term "part-time worker" in the past as opposed to a regular worker no longer exists.

If an employer hires employees in temporary positions, it shall sign a labor contract with the employee and establish various social insurance schemes for the employee in accordance with the law, so that he or she can enjoy relevant benefits, but the term of the labor contract may be different.

If you die due to work-related reasons, or if you die in an accident on your way to and from work, it can be recognized as a work-related injury and you can get compensation. If it is not related to this, the unit shall not be liable.

Legal Analysis: First of all, when a temporary worker is employed, the company establishes a labor relationship with the temporary worker, so it cannot claim compensation for work-related injuries and deaths.

Secondly, if the hired temporary worker unfortunately dies, the family of the temporary worker can claim death compensation according to the personal injury compensation.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 11 Where an employee suffers personal injury or ridicule in the course of engaging in employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.

If the employer bears the liability for compensation, it may recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or the conditions for safe production and production resistance, it shall be jointly and severally liable with the employer for compensation.

The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.

Legal analysis: Specifically, depending on the situation, how to compensate is determined by the qualifications of the employing entity and the nature of the employing entity, and if it is an illegal employing unit, compensation shall be made in accordance with the provisions of the "Measures for One-time Compensation for the Personnel of Illegal Employing Units"; If it is an act of personal help, compensation shall be made in accordance with the provisions of the Tort Liability Law of the Hungry Tomato, the General Principles of the Civil Law, and the judicial interpretation on the issue of compensation for personal injury by quietly servant.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 9 Where an employee causes injury to another person in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

Legal Analysis: Where the victim dies, the compensation obligor shall compensate for the funeral expenses and living expenses of the dependents in addition to the relevant expenses provided for in the first paragraph of this article according to the circumstances of the rescue; Death compensation and other reasonable expenses such as transportation expenses, accommodation expenses, lost work and other reasonable expenses incurred by the victim's relatives in handling funeral matters.

Legal basis: "Interpretation of the High People's Court of the Most Bishen Town on Several Issues Concerning the Application of the Law of Filial Piety Chain in the Trial of Personal Injury Compensation Cases" Article 9 Where an employee causes injury to another person in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to another person intentionally or through gross negligence, he shall be jointly and severally liable with the employer for compensation. If the employer is jointly and severally liable, it may seek compensation from the employee.

Legal analysis: The compensation standards for the work-related death of temporary spinal fiber workers are: 1. Funeral subsidies can be obtained, and the standard is 6 months of the average monthly salary of employees in the overall area in the previous year; 2. Dependent relatives can receive a pension, which is paid according to the employee's salary, of which the spouse can get 40%, and other relatives can get 30%; 3. Finally, you can also get a one-time work-related death subsidy, which is 20 times the per capita disposable income of urban residents in the previous year.

Legal basis: 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) 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 on the job. 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.

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 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.

The death of the driver in the dormitory is considered a work injury?