An octogenarian who has three sons, one of whom died at work, how much compensation do they get?

Hello, workplace password to your question.

First of all, the old man with white hair sends the black man with black hair, how sad it is for such a thing, take care of the old man.

However, the allowance for work-related death has nothing to do with the age of the elderly and how many children they have.

At 10:00 on January 17, 2020, the official website of the National Bureau of Statistics released the "2019 Residents' Income and Consumption Expenditure", announcing that the per capita disposable income of urban residents in 2019 was 42,359 yuan.

According to the third paragraph of Article 39 of the Regulations on Work-related Injury Insurance, the standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year, so work-related injuries that occurred in 2020 are 20 timesoneThe standard of the one-time work-related death allowance is determined to be 847,180 yuan (20 times of 42,359 yuan).

If you can't get a lot of compensation, what you have to make up is the maintenance of the elderly, and it is still one of the third of the maintenance of the elderly.

It depends on the region, the hukou issue, the nature of the work in which he works, and the reasons for industry and commerce. This is a more complex issue, not based on the size of your family, this country has relevant laws and regulations.

Compensation for work-related death is not based on the number of siblings in the family, but on the basis of the salary standard and age of the deceased employee. And this part of the compensation is inherited only by his parents, wife, and children. Nothing to do with siblings.

If a son dies at work, the compensation can only be inherited by the parents and sons, and the spouse, and generally those who have children will be directly given to the son.

Summary. Hello, the old man has five daughters, a son, one of the daughters went out to work and died, the old man is generally compensated. We must know that if a daughter goes out to work and dies due to work-related reasons, her family is entitled to certain compensation according to the Labor Security Law and relevant laws and regulations.

The old man has five daughters and a son, and one of the daughters died while working outside, is there any compensation for the old man?

Hello, the old man has five female Qin'er, a son, one of the daughters went out to work and died, the old man is generally compensated. We must know that if a daughter goes out to work and dies due to a lack of work, her family is entitled to a certain amount of compensation according to the Labor Protection Barrier Law and relevant laws and regulations. <>

Hello, the compensation plan needs to be based on the specific matter and the situation at the time, there is no unified compensation statement, the death of Qin Nian is completely because of the employer, then the compensation can be paid more. [Compare hearts].

Professional answers. The nature of the death benefit is property damage, which is compensation for the loss of expected income of the deceased's family as a whole. The division of the death compensation is different from the distribution of the estate, the death compensation should be jointly obtained by the members of the family living community in principle, before the division of the compensation, the funeral expenses that have actually been paid should be deducted, and the interests of the dependents should be given priority, and the distribution of the remaining part should be appropriately divided according to the proximity of the deceased, the closeness of living with the deceased, the factors of life and the common life and economic dependence with the deceased, and the principle of estate distribution cannot be applied or shared equally by all the compensation rights, non-equal allocation.

Article 18 of the Tort Liability Law stipulates that if the infringed person dies, his close relatives have the right to request the infringer to bear tort liability, so the subject of the claim for death compensation is the close relatives of the deceased. According to Article 12 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law (for Trial Implementation), the scope of close relatives is spouse, parents, children, siblings, grandparents, grandchildren, and grandchildren. Since the death compensation in the Tort Liability Law is compensation for the future loss of income of the deceased, including the living expenses of the dependents, factors such as the intimacy between the parties and the deceased, whether the deceased needs to be supported should be considered when dividing.

If there is a son, the grandson has no right to inherit. The proportion is 50% for the spouse, and the rest is divided equally among the second heir, that is, the rest is given to the son.

According to the provisions of China's Inheritance Law, inheritance can be inherited in the following ways: First, testamentary succession. Testamentary succession refers to the determination of the heirs of the deceased and the share of the inheritance to be inherited by each heir in accordance with the content requirements of the legal will left by the testator during his lifetime.

Second, legal succession. Statutory succession is the symmetry of testamentary succession, which means that the scope, order, and share of the inherited inheritance are all inherited by law. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs cannot inherit.

If there is no first-order heir, the second-order heir shall inherit. Among them, spouses, children, and parents are the first-order heirs, and siblings, grandparents, and maternal grandparents are second-order heirs. If the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation.

Third, bequest inheritance. Bequest is a civil act in which a citizen donates his or her personal property to a person other than the state, the collective or the legal heir in the form of a will, and it becomes legally effective upon his death. The citizen who makes the will is the legatee, and the person who receives the bequest is the legatee.

Legal basis: Article 16 of the Inheritance Law of the People's Republic of China provides that citizens may make a will to dispose of personal property in accordance with the provisions of this law, and may appoint an executor. A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.

Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.

The old man in his fifties died of work-related injuries and paid more than 600,000 yuan in compensation, he now has a wife, a son and two grandchildren, how should he divide it? The principle of inheritance of property in law is that the first heir is his spouse; If you don't have a spouse, you have children; If he has no children, it depends on whether he has grandchildren. So since he has a wife, his spouse is still there, and his spouse is the first heir, then the more than 600,000 yuan is for her wife.

The wife is 300,000, the son is 20,000, and the two grandsons are 50,000 each, this ratio, the wife is a little less, but it doesn't matter, they are all a family

A: A 50-year-old man died of a work-related injury, he paid more than 600,000 yuan, he has a wife, a son, and two grandchildren, how should he divide it? The principle of property inheritance of the law, the first heir is their spouse, and then it depends on whether he has children, if there are no children, but the money is the wife's, because he is the spouse of the wife, so the law can be given to the first heir, the more than 600,000 have half of the sons, and if there is no son, it is all their own.

If there is no will, since the old man already has a grandson, then his son has already become an adult, then the money should belong to his wife, as for how much the children and grandchildren share, it depends on her meaning, because she is the first heir.

It is a pity that the man in the prime of life died young. If it is divided according to the legal procedure, the wife will first get half of the compensation, that is, 300,000 yuan, and the other 300,000 yuan will be half for the wife and son, and the grandson will not be eligible to inherit and will not be given. If it is divided according to the future life and family affection, the wife should also get 300,000 yuan, another 100,000 yuan for the son, and 100,000 yuan for each of the two grandchildren to go to school in the future, which can be saved by grandma or father.

The old man and the son can be divided equally, and the compensation has nothing to do with the grandson.

After all, I suggest that the distribution be negotiated and distributed, and the son also has the obligation to support the elderly, which can be resolved through negotiation.

If there is no will, then according to the inheritance law, the grandson does not participate in the division, and the wife and son each get half. If there is a will, it shall be executed in accordance with the will.

The law stipulates that the compensation for the death of the old man is more than 600,000 yuan. The first heir should be his wife and children. A grandson can only inherit his own father's estate.

The old man's son has already started a family and has grandchildren. If they are independent households, they should not share the old man's death compensation. The old man's compensation should be inherited by his mother alone.

This is the wife's ** compensation, not the inheritance. Even if he wants to divide the money, his mother should give a part of it to his son and grandson. Unless they live together, the old couple is raised by their son.

Otherwise, only after his mother also died, his parents' property became an inheritance. to give it to his son and grandson.

The compensation certificate has been arranged according to the compensation conditions, and there is no need to earn it again.

According to Article 37 of the Regulations on Work-related Injury Insurance, "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 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 or orphan who is lonely 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 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. .

In the event of work-related death, the work-related death allowance shall be handled in accordance with the above provisions.

The death pension is a living allowance given to the next of kin and dependents of the deceased by the deceased's employer. The death benefit also contains a certain amount of spiritual comfort. Death benefits occur after the death of the deceased and are therefore not part of the estate.

If the deceased's employer has provisions on the recipients of pensions, it shall be dealt with in accordance with the regulations; If there is no provision for the recipient of the benefit, it shall be a joint possession of close relatives. The parties' request for the division of the pension is legally a division of the joint property.

Close relatives mainly refer to the deceased's spouse, parents, children, siblings, grandparents, grandchildren, and grandchildren. Although the pension does not belong to the estate, it will be distributed in the order of the heirs of the estate, the first order is the spouse, parents, children, and the other people are the second order, and if there is no person in the first order, the pension will be distributed among the people in the second order.

The specific division of the death benefit shall be settled by the parties through negotiation, and if the negotiation fails, a lawsuit may also be filed with the court. The court generally deals with the pension in accordance with the principle of equal division, and at the same time divides the pension according to the objective circumstances of each close relative, as appropriate.

1. Pensions are not taxable.

2. The pension does not take into account personal income.

3. The pension cannot be divided as the property of the husband and wife.

4. The bereavement pension can only be used as an inheritance on a case-by-case basis.

When an employee of a state organ, enterprise, public institution or social organization dies in the line of duty, a certain amount of pension shall be paid to the immediate family members supported by the deceased at regular intervals according to certain standards until the dependent reaches the age of majority or loses the conditions for support. This pension is paid to the immediate family members of the deceased employee and, therefore, property belonging to the immediate family cannot be inherited by all heirs as the estate of the deceased employee.

Wife more.

Two sons more.

Parents should be less. 20Almost, the rest will be given to the wife, for she still has to raise the children.

1. Funeral subsidy for work-related death. 6 months of the average monthly salary of employees in the previous year.

2. Pension for dependent relatives. If the son is an adult, there is no pension, and the spouse and two elderly people in their 70s have a pension in the amount of 40 per cent per month for the spouse and 30 per cent per month for each of the other relatives

3 One-time work-related death benefit. The amount is the average salary of employees in the previous year for 48 months.

After the death of the decedent, the estate shall be inherited by his spouse, children, and parents, and the share of the inheritance inherited by the heirs in the same order shall generally be equal, and if the heirs agree through consultation, it may also be unequal.

According to the Inheritance Law of the People's Republic of China:

Article 9 Men and women are equal in inheritance rights.

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 13 The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.