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If an employee dies on the job, the funeral expenses and compensation paid are not part of the estate and cannot be inherited and distributed according to the estate.
The compensation for the death of an employee is paid to his immediate family members, because the immediate family members who support their relatives have difficulties in life because of the loss of their relatives' support, and the economic compensation given by the work-related injury insurance will lose the meaning and purpose of the work-related injury death compensation if it is distributed according to the estate.
Regarding the determination of the dependency of the immediate family members of the work-related death, the state has special document provisions:
If the immediate family members of the employees mainly rely on the support of the employees and meet one of the following conditions, they can be listed as the immediate family members supported by the employees.
Grandparents, parents, and spouses (except those who have a stable economic income or receive a pension after retirement) are at least 60 years old for men and 55 years old for women, or have completely lost the ability to work.
Children and younger siblings (except for those whose parents have a stable economic income or receive a pension after retirement) are under the age of 16, or who have reached the age of 16 but are still studying at the compulsory education stage prescribed by the state; or total incapacity to work.
The grandchild is under the age of 16 or has reached the age of 16 but is still studying at the compulsory education stage prescribed by the state; If the parents are deceased or completely incapacitated and have no stable income.
The employee and his or her spouse are only children, and the spouse has no stable economic income or is completely incapacitated, and his parents-in-law or in-laws (except for those who have a stable economic income or retire and receive a pension) are at least 60 years old for men and 55 years old for women or completely incapacitated.
2. The basic principles for confirming the scope and conditions for supporting immediate family members:
If the employee's immediate family members have the ability to raise or support the employee's immediate family members in accordance with the law, the person who supports or supports them is no longer listed as the employee's immediate family members.
The confirmation of the employee's support for his or her immediate family members shall be based on the labor insurance card filled in by the employee, and if the situation is unclear, it shall be investigated and verified.
3. The pension standard for dependent relatives: 40 per month for spouses and 30 per month for other dependent relatives, and 10 per month for each elderly or orphan on the basis of the above. When the dependent relatives lose the conditions for support, they shall no longer enjoy this pension, and other labor insurance benefits shall not be enjoyed repeatedly.
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Hello! Death compensation is not an inheritance, but in practice, the owner is generally determined according to the Inheritance Law. Your father's compensation can be distributed by your spouse, children and parents, and you are entitled to it, regardless of your household registration.
It should be noted that for those who have lost the ability to work or have no livelihood, the compensation should be taken into account when distributing.
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Death compensation is a consolation payment to the family of the deceased. Not part of the legacy.
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You have the right to be the heir, and all the heirs will be compensated!
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You can claim to inherit your father's estate.
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Do you also care about such money?
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Do you think your mother will give you something to ask for?
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1) Distributed in accordance with the law of inheritance.
Death compensation, although it is not part of the inheritance, is distributed in accordance with the provisions of the inheritance law.
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.
2) The principle of equal inheritance and proper care.
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.
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Of course, the father is the first heir, and the second child and wife are distributed by the Civil Evidence Office.
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Your father died of a work injury. Your grandmother. It doesn't matter if it's on the same household register with him.
He. In any case, you can. Get his workers' compensation.
for thy father hath befriended thy mother and thy grandmother. Lonesome. So.
At. Workers' compensation. Time.
There is Zhao in this, your grandmother's, in the future. cost of living. Your father should.
Strong. Liability. Well, it's all in it.
There are clear numerical regulations.
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Your father and your mother are mother-son. Your father died of a work injury. Compensation. and you should be equally divided. Because it is his son, he has the right to support him. So the indemnity. Leadership. And your grandma equally.
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In this case, the nature of the company is different, and the specific labor insurance regulations are also different. You go to your father's unit and ask you to know how much compensation your grandmother has received. There are specific provisions in the labor insurance documents.
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The inheritance law stipulates how much your grandmother should receive due to your father's death due to work-related injuries, and it has nothing to do with whether their household registration is not in the same household register.
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If there is a right, the parents are the first heirs of the children!
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1.Yes, the receipt of work-related death benefits is not necessarily related to whether the parents are in the same household as the deceased. In judicial practice, distribution is generally made with reference to the provisions of the Inheritance Law.
The principle is that the expenses that belong to the actual expenses such as funeral expenses will be deducted first, and then the part of the maintenance expenses that should belong to the individual will be deducted, and the remaining part of the death compensation will be divided according to the statutory inheritance. At the same time, in accordance with the principle of inheritance disposal in the inheritance law, the legal heirs who live with the deceased should be taken care of the disabled and those who have lost the ability to work, who have difficulties in living.
2.The deceased's parents, wife, and children are all the first in line of succession and shall enjoy the same share of inheritance.
3.If you have any questions, you can consult your local human resources and social security bureau directly.
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