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shall contact the family and then contact the company to which they belong, and the responsible person or the person of the company shall not handle it, and shall contact the people's police to handle it.
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Contact the unit where he worked before his death, and the family of the deceased as soon as possible, and do a good job of comforting the family of the deceased, and settle in the ground.
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I'm often on business trips, so to be honest, I haven't really thought about it, and I can't think about it that much when I actually die.
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If a person who works outside the home dies unexpectedly, he should contact his family in time to explain the situation to his family and get contact from his family.
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If it is due to a work-related injury, the first thing is to notify the unit and let the unit help coordinate the aftermath.
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Go to your boss to ask for leave first, and then go to buy a ticket or ticket home to deal with the funeral after taking leave, but you must pay attention to your feelings.
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First of all, we must contact the family in a timely manner. If in the future. If his family has any difficulties, we must give some help.
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If someone working outside dies unexpectedly, the person in charge should take him to the local funeral home in time and contact relatives.
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First of all, as a boss, you should give your employees' families a certain subsidy. In fact, as an employee's family, you can't make a lot of noise, just bury the employee.
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At this time, the person in charge of this work should contact the relatives of the deceased in time, explain the specific situation to the family, and jointly solve the problem.
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At this time, his relatives should be contacted urgently so that they can come in time to deal with the aftermath of the person who died unexpectedly.
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Generally, the police will notify his family and ask his family to collect the body, and the family can choose to cremate them in a foreign place and then take the ashes back to their hometown.
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If you have an unexpected trend for the sake of work, you can apply for work-related injury insurance if it is because of work, but if it is a personal reason, there is also insurance to take care of the future.
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Legal analysis: If you die due to work-related reasons, you can entrust a lawyer to conduct labor arbitration and claim a one-time work-related death allowance, funeral allowance, pension for dependent relatives, etc. If it involves the failure to sign a labor contract, the failure to pay overtime pay, or the failure to pay social security in full, compensation can also be claimed.
Legal basis: "Regulations on Work-related Injury Insurance" 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 employees in the overall area of 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 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; (3) The standard of one-time work-related death subsidy is 48 months to 60 months, and 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. 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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Legal analysis: This needs to be dealt with according to the situation, and the police should be called to find out the cause of death.
1. If it is a homicide, the person who came into contact with it will be investigated, evidence will be found, and then an application for arrest and prosecution will be made.
2. Find out the cause of suicide and give feedback to your family.
3. Accidental death. Find out who is responsible for the safety hazard, and find out the evidence, arrest, and prosecute. Please provide details.
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 in the course of 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.
After the employer assumes the liability for compensation, it can recover from a third party.
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Legal analysis: The handling of accidental death during work first depends on whether it can be recognized as a work-related injury, and if it can be recognized as a work-related injury, you can ask the employer for economic compensation. Regarding the determination of work-related injuries, China's work-related injury insurance regulations have detailed provisions on it, which requires you to be injured in an accident during working hours and in the workplace due to work-related reasons, and the most important thing is to prove that the employee died due to work-related reasons.
A reason for work is when an employee is performing a task assigned to an employee by the company.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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.
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Case review. Controversy:
Lawyer's point of view. If the employee himself has some illegal acts, or is based on his own major negligence, the labor law and the social insurance law do not require our employer to bear the consequences of the employee's own non-compliance with the law. If there is no fault or illegal act on the part of the worker, then it should be recognized as a work-related injury after being determined by the human resources and social security department.
Master Liao's family should do this now, first of all, the first step is to find a way to determine that there is in fact a labor relationship between Master Liao and the employer; The second step is to actively report the case to the human resources and social security department, report the matter, and let the professionals of the human resources and social security department identify whether the incident belongs to the scope of work-related injury insurance. In the future, our employers, including our workers themselves, should also enhance their awareness of the law to avoid similar things from happening.
Legal and People's Livelihood Channel Rong ** reporter Wang Peng.
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Legal analysis: If it is a work-related injury, the employer can be required to pay compensation.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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 Gongwu Sakura 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) During the period when they are away for work, they are injured due to work reasons or have an accident where the whereabouts of the banquet are unknown;
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. Orange lead.
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