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I think this claim is very unreasonable, he died suddenly just two hours after going to work, presumably this man should have a certain illness, and support the company to take legal routes.
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It should be that the family members are too greedy, and they died suddenly after only two hours of joining the company, which is definitely not the reason for the intensity of work, it should be that he himself has a disease, and the company is too wronged to be claimed so much money.
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I think this matter still needs to be resolved through normal legal channels, because all the responsibility is not only for this company, but also for other reasons, and it still needs to be resolved reasonably and legally.
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I think the family's claim is justified, but the exact amount should be determined by law.
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In the event of sudden death of an employee in the unit, he or she shall be given an economic subsidy: 1. Funeral subsidy The expenses incurred in the funeral process include: 1. The cost of renting a venue for arranging the farewell ceremony of the deceased's friends and relatives, the cost of arranging the remains of the deceased, cremation, transporting the body, the refrigerated parking fee of the corpse, the booking of hearse, the storage of ashes, the purchase of tombstones, etc.; 2. Stipulate that the places where burial is permitted, for the burial of the deceased that does not exceed the standard prescribed by the people of the province, autonomous region, or municipality directly under the Central Government, the cost of using the area of the tomb, the cost of purchasing coffins, and the necessary expenses for arranging banquets for relatives and friends of the deceased in many rural areas, etc.
2. Pension for dependent relatives 1. The spouse can receive 40% of the employee's salary every month, provided that the spouse relies on the work-related death of the employee to provide the main living ** during his or her lifetime, and is completely incapacitated, or the spouse of the employee who died of work-related injury is at least 60 years old for men and 55 years old for women. 2. Other relatives can receive 30% of the employee's salary per month, and other relatives refer to the children of the employee who died of work-related injuries in addition to their spouses, such as their children, parents, grandparents, grandparents, grandchildren, brothers and sisters, etc. The conditions for other relatives to apply for a dependent relative pension are:
1) The main livelihood of the employee who died due to work was provided during his or her lifetime**; (2) Completely incapacitated to work; (3) The child of the employee who died of work-related injury is under the age of 18; The parents of the work-related death employee are both deceased, and the grandfather or maternal grandfather is at least 60 years old, and the grandmother or maternal grandmother is at least 55 years old; The children of the work-related fatal employee have died or have completely lost the ability to work, and their grandchildren or grandchildren are under the age of 18; The parents of the work-related death employee have died or have completely lost the ability to work, and their brothers and sisters are under the age of 18. 3. The elderly or orphans who are lonely or orphaned shall be increased by 10% per month on the basis of the above standards, that is, if the spouse of the employee who dies at work is a lonely old man, the monthly pension for supporting relatives shall be 50% of the employee's salary. 4. If the parents, grandparents, maternal grandparents, brothers and sisters of the employee who died at work are lonely elderly people, or their children, grandchildren, grandchildren, brothers and sisters are orphans, the monthly pension for each of them is 40% of the employee's salary.
5. If an employee who dies at work has more than one relative who is eligible to apply for the pension for dependent relatives, the sum of the approved pensions for each dependent relative shall not be higher than the wages of the employee who died due to work.
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Although the man has only been in the company for two hours, he and the company have established a de facto labor relationship, so they will also be protected by the law, and the company will also be compensated. <>
1. The company needs to make compensation
The most feared word to hear at work should be sudden death, because sudden death means that the work pressure is more and there is more work, but some people die suddenly two hours after they join the company. After hearing such a situation, the family directly claimed 1.4 million yuan from the company, and the company needed to compensate Huishu, because he had established a de facto labor relationship with the man, and he had worked for the company for two hours. The company can apply for work-related injuries, and the compensation that should be given still has to be paid.
Second, this man should still be on probation, and there is no way to apply for a work-related injury
The company must feel that he is particularly unlucky, after all, this employee only came to work for about two hours and the man died suddenly, it is very likely that he was unwell in his body, and he did not inform the company in advance of this physical illness, so he also has to bear part of the responsibility for his death. This employee has just come to the company, and it is estimated that he has not paid social security, and he should not be able to apply for work-related injury compensation, and the company can pay humanitarian compensation. <>
3. Physical reasons are more important than work
When you are working, don't think that work is the most important, your body is the most important, and when you find that you are unwell, you should immediately ask for leave to seek medical treatment. Of course, before entering the company, inform the company of these diseases in advance, so that they have room to react, and people do not dare to rescue them at will if they don't know anything. For the safety of our own lives and for the benefit of everyone, we still have to be cautious.
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I don't think Shen Xinghong Company needs to compensate, because this matter has nothing to do with the company, and it is impossible to die suddenly within two hours of joining the company, and the behavior of the wide book is very bad.
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I think the company needs compensation, after all, this man died suddenly in the company, even if it is not related, there should be moral compensation.
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The company does not need to compensate, because the entry of the man is not a work-related injury problem, and the company will not solve everything that is not a work-related injury problem.
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For the general contractor of the project, especially the large central and state-owned enterprises such as China Construction and China Railway, there are corresponding management systems and disposal specifications. It's not the deceased who thinks they are justified and can make trouble as much as they want, and they can make as much money as they want!If you mess around, you risk breaking the law and making it even more difficult to clean up something that is already sad enough.
The worker died suddenly during a nap at the construction site, and the family claimed 1 million, do you think it is reasonable?
The worker died suddenly during a nap at the construction site, and the family claimed 1 million.
Although migrant workers belong to the construction site, they have established a normal labor relationship with the construction party, project manager, contractor, etc. at the construction site, regardless of whether they have signed a labor contract or not. After the death of an employee who has established an employment relationship, the issue of compensation for death is involved, but for how to compensate, it is first necessary to figure out whether it is a work-related death or a non-work-related death. Because the difference between work-related death and non-work-related death compensation is very large.
Sudden death is an unavoidable death caused by coronary heart disease. Presents with cardiac arrest within 6 hours of acute symptom onset. Therefore, to prevent sudden death, one is that people with myocardial ischemia are highly vigilant, and the other is that people with arrhythmia are highly vigilant.
Is sudden death from a nap at a construction site considered a work-related injury?The nap site does not leave the range of the construction site, and it is normal to be in relatively safe conditions. Article 14 of the Regulations on Work-related Injury Insurance stipulates that in any of the seven circumstances, "it shall be recognized as a work-related injury", most of which are caused by accidents, accidental injuries, or occupational diseases.
However, this person's "sudden death" during a nap at the construction site does not meet the statutory conditions for "should" be recognized as a work-related injury.
Do you think it's reasonable?
As long as the labor arbitration department identifies as a work-related injury, regardless of whether the boss has taken out work-related injury insurance, it must be compensated according to the compensation standard and scope of work-related injury insurance, and whether it will reach the 1 million yuan claimed by the family depends on the specific compensation standard, and the compensation amount calculated by the construction site will be compensated by the boss of the construction site. If it is determined that it is a work-related injury, it is necessary to compensate the family, otherwise there is no responsibility. In the past, there were cases where work-related injuries were recognized and those that were not, and there was no unified standard, so it was difficult to give a positive answer to whether it was reasonable or not.
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I think it's reasonable, because he died suddenly during working hours, and the main reason is also because of work, even if he takes a nap at the construction site, he can't escape the involvement, and in addition, the construction site has insurance for the workers, and the family's claim is very reasonable, just to get back their own money.
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I think it's unreasonable, because there are many reasons for sudden nap death on the construction site, not just because of the working environment, and you should understand the situation before making a claim.
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October 2020,A protective equipment company in Jinshan Zhujing, ShanghaiThrough the intermediary in Matsue, quicklyA Henan-born operator, Li, was recruited。After Li completed the formalities that night, he officially took office, butTwo hours later, Li suddenly fainted and fell to the ground and immediately fell into a coma
After the incident, the family demanded a one-time compensation of 1.4 million yuan from the company. The company argues that Li Gang worked only two hours on duty and is still in the "trial stage", and can only be compensated appropriately from a humanitarian point of view. In the end, under the mediation of the mediator, the family of the deceased is willing to actively assist the company in applying for work-related injury recognition, and the company will also pay a one-time humanitarian compensation.
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