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Anonymous users2024-02-15Hello! If the employer is not subjectively at fault, then there is no need to bear any responsibility, and at most some symbolic pension will be given.
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Anonymous users2024-02-14Wrongful deaths are subject to mandatory autopsies, and when the results come out, the different causes of death can determine whether the unit is responsible.
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Anonymous users2024-02-13China's regulations on work-related injury insurance clearly stipulate that during working hours and at work, if a person dies of sudden illness or dies within 48 hours after rescue fails, it can be recognized as a work-related injury.
Whether it can be recognized as a work-related death mainly depends on three conditions:
1. Whether it is during working hours;
2. Whether you are in the job, the determination of the job mainly depends on the labor contract, witness testimony, and the position that requires the work certificate, and whether you hold the work certificate.
The starting point of the hour is the time when the rescue begins, and the time of death is based on the time stated in the death certificate.
If the above three conditions are met at the same time, it can be deemed to be a work-related death.
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 allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:
1) Funeral grants.
It is the average monthly wage of employees in the overall area for 6 months in the previous year;
2) Pension for dependent relatives.
According to a certain proportion of the employee's own salary, it will be paid to the relatives of the employee who died on the job and provided the main livelihood during his or her lifetime and was unable to work. 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) One-time work-related death allowance.
The standard is the average monthly wage of employees in the overall area for 48 months to 60 months 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.
If the work-related death cannot be determined, the company will not compensate and will be treated according to the medical insurance treatment.
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Anonymous users2024-02-121. If an employee of a unit dies unexpectedly during non-working hours or at a non-working place, it shall be treated as a non-work-related death treatment, for which there is no unified policy in the country, and it is recommended to consult the local social security bureau. 2. If an employee of a unit dies in an accident during working hours and at the place of work, it depends on whether he is injured in an accident while engaged in a work task, and if so, it shall be recognized as a work-related death, and the rescue expenses and funeral expenses, one-time work-related death allowance, and the pension for dependent relatives shall be paid by work-related injury insurance. According to Article 39 of the Regulations on Work-related Injury Insurance:
If an employee dies on the job, his close relatives may receive a funeral allowance, a pension for dependent relatives and a one-time work-related death allowance in accordance with regulations.
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Anonymous users2024-02-11Legal analysis: First of all, the cause of death should be clarified, and then it should be determined whether to bear the responsibility and who should bear the responsibility. If it is a sudden death due to overwork or overwork, it is a work-related injury and the employer shall be liable.
If the reputation of the unchun hand is caused by sudden death during work and non-work reasons, the employer shall not be liable.
Legal basis: Article 15 of the Regulations on Work-related Injury Insurance 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 injuries sustained in war or in the line of duty, and have obtained a certificate of revolutionary disabled servicemen, and have been injured after arriving at the employer.
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.
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Anonymous users2024-02-10Legal basis: "Regulations of the People's Republic of China on Labor Insurance" Article 14 Provisions on the treatment of workers and employees and their immediate family members in the event of death: A. When workers and employees die on the job, the administrative side or management of the enterprise shall pay funeral expenses, the amount of which shall be the average salary of all workers and employees of the enterprise for three months; In addition, under the labor insurance**, according to the number of immediate family members supported by the deceased, the amount of which is 25 to 50 of the deceased's own salary, until the dependent loses the conditions for support.
The detailed measures are set out in the implementation rules.
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Anonymous users2024-02-09Legal analysis: First of all, we should find out the cause of death, and then determine whether or not to bear the responsibility and who to bear the responsibility. If it is a sudden death at work or due to overwork, it is a work-related injury and the employer shall be liable.
If the sudden death is not caused by work or non-work reasons, the employer shall not be liable.
Legal basis: Article 15 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Death from sudden illness or death within 48 hours after rescue efforts are ineffective;
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.
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.
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Anonymous users2024-02-08Summary. If the death of an employee is a work-related injury, the employer shall bear the relevant funeral expenses, death compensation and other liabilities in accordance with the provisions of the Regulations on Work-related Injury Insurance.
If the death of an employee is a work-related injury, the employer shall bear the relevant funeral expenses, death compensation and other liabilities in accordance with the provisions of the Regulations on Work-related Injury Insurance.
In this case, what was the circumstances of the death of the employee?
The employer shall be liable for compensation after the employee is determined to have died of work-related injury.
In this case, it has been determined that the death was caused by work-related injuries.
Paragraph 1 of Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance ** spine in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of the employee 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 criteria are:
40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan who is alone or orphaned. The sum of the approved pensions for each dependent relative shall not be higher than the wages of the employee who died on the job. 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 subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.
In addition to the above compensation, does the unit still have the liability for compensation?
The unit has no other liability.
For example, spiritual consolation, cemetery.
This is generally not supported.
Can I contact you?
Funeral expenses include cemetery fees.
The platform does not allow lawyers to stay privately.
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