Sudden Death Work related Injury Compensation Private, Sudden Death Work related Injury Compensation

According to the regulations, if an employee dies of a sudden illness during working hours, at work, or within 48 hours after rescue, it can be handled according to the work-related death, and if the construction worker is not at work, it should not be handled according to the work-related death, whether it is a work-related injury death, and it is only known after the work-related injury identification, and the treatment of work-related injury death, even if the work-related injury insurance is not paid, it must be handled in accordance with the work-related injury insurance, and all the compensation shall be borne by the unit, and the work-related injury insurance shall be borne by the participating insurance. It is not that if you do not participate in work-related injury insurance, you will not be treated according to work-related injury insurance.

It needs to be recognized as a work-related fatality.

You can negotiate a settlement, but if the negotiation fails, you can refuse the unreasonable demand.

Compensation items for death caused by work-related injuries: funeral allowance, one-time ** subsidy, pension for dependent relatives, etc.

If the other party sues, you should actively respond to the lawsuit.

It should be recognized as a work-related injury. The national average income is 20 times 486,200, plus the funeral expenses of the employee's 6 months' salary and the support of the deceased family (see how many to support). Generally, it can't be done without 60 tens of thousands.

Although it is not covered by work-related injury insurance, in the compensation, the court also determines the compensation standard in accordance with the work-related injury insurance regulations, which is a punishment for the boss for not giving the employee such as insurance, if the insurance is covered by the insurance, if not, the boss needs to bear the amount.

The compensation standards for sudden death workers' compensation 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 standard for dependent relatives is 40% per month for spouses, 30% per month for other relatives, and 10% per month for each elderly or orphan who is lonely or widowed. The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year.

The criteria for determining work-related injuries are as follows:

1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, being injured by violence or other accidents due to the performance of duties at work banquets;

4. Suffering from occupational diseases;

5. During the period of going out for work, the whereabouts are unknown due to injuries or accidents;

6. On the way to and from work, being injured by a traffic accident for which the person is not primarily responsible, or an accident involving urban rail transit, passenger ferry, or train.

Legal basisArticle 39 of the Regulations on Work-related Injury Insurance.

If an employee dies on the job, his close relatives 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 other relatives, and 10% per month for each elderly or orphan.

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 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.

Where a disabled employee dies as a result of 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.