How to compensate the company for the death of a drunk driving office accident 10

It's hard to say, it's a little less, but your uncle's behavior may not constitute a work injury.

It is best to negotiate with the unit to settle the matter, if you really can't file a lawsuit with the court, it is difficult to say the verdict, at least after getting 50,000 yuan first, if the negotiation fails, then file a lawsuit with the court. Avoid tearing the face and causing losses.

Regulations on Work-related Injury Insurance.

Article 16 In any of the following circumstances, an employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury:

1) Due to a crime or violation of the administration of public security**;

2) Drunkenness causes **;

3) Self-harm or suicide.

This is a work-related injury and the company should compensate for it. Don't worry about asking for money from the company, and then find a way if the negotiation fails.

Whether it is official or not.

Go to a lawyer for advice.

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) Being injured in a motor vehicle accident while commuting to or from work;

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.

It should be treated as a work-related injury, the company's compensation is unreasonable, and the traffic accident should be handled separately.

Everyone drank and persuaded each other to drink, and then they left separately.

In this case, if someone dies in an accident, all party participants will be liable for compensation. Because the other members did not dissuade them from drinking and did not safely send the person home after the party, they were allowed to travel alone and cause the accident, and the other members were at fault, so they could not escape responsibility.

Members who attend the meeting may not be held accountable. However, because it is difficult to produce effective evidence after the fact, in such cases, the participants will still be legally sentenced to bear a small amount of compensation. In fact, this is not a punitive compensation, but only a humanitarian condolence payment, and the amount is generally not too large.

3.A group of friends had dinner, and some of the members of them attended at the beginning, but left halfway through, and did not persuade them to drink during the period, if someone had an accident, would the person who left early also be responsible?

Under normal circumstances, this person is not responsible. However, there are many causes of accidents, and the details are different, so it is difficult to generalize and need to be analyzed on a case-by-case basis.

Individuals believe that the employer will not be primarily liable, but the court may award joint and several liability, i.e., the employer has not fulfilled its obligation to discourage drunk driving.

There may be a symbolic loss of money.

Otherwise, you can find a lawyer in the network - lv b a n 36 5 lawyer.

Go ask and take a look.

Legal analysis: under normal circumstances, the death of drinking should be borne by the drinker who suffered personal injury, if it is caused by the company's requirements, it is necessary to bear legal responsibility according to their respective faults, and the death shall be compensated according to the first-class disability, and the specific amount of compensation shall be determined according to the local economic level, the average salary of the deceased before his death, etc., and if the negotiation fails, he shall sue the court to settle it.

Legal basis: Article 1165:Where the actor infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

If an employee dies on the job, his immediate family members shall receive funeral allowances, 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 are unable to work and are 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 labor and social security administrative department of the State Affairs and Shizi Academy;

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.

I have to pay compensation, and I hope to go through the legal route.

Regulations on Work-related Injury Insurance.

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.

According to the regulations, a drunk person must not be counted as a work-related injury. Whether it is drunkenness should be specifically defined, and if it does not meet the standard of drunkenness, it should be recognized as a work-related injury.

No compensation, who let him go to work after drinking? He should compensate the unit for lost time for delayed production.