The worker died suddenly after work all month long, and the company paid 360,000 yuan, how to interp

In this case, there is no doubt that Kangkang Company does have the problem of illegal employment, the right to rest is a legitimate right granted to workers by the labor law, and the company cannot infringe on it at will, and to ensure that the employee's right to rest can be realized, the company should balance the rights and interests of the work, and the labor law of China has also made clear provisions on the working hours of the employee, and the company cannot arrange employees to work overtime at will. In this case, Zhu worked nearly 130 hours of overtime in the month prior to the accident, far exceeding the overtime hours stipulated in the labor law.

However, in this case, Zhu's injury occurred after work, and it does not meet the requirements for the determination of general work-related injury, so it can only be considered from the determination of special work-related injury, according to the provisions of the work-related injury insurance regulations, if an employee has a traffic accident on the way to and from work and does not bear the main responsibility, the work-related injury can be determined, therefore, Zhu's situation does not meet such circumstances. Because the company has illegal employment, it is highly related to Zhu's sudden death, therefore, in terms of infringement, the company should bear the corresponding liability for compensation, and the company should bear more liability for illegal employment.

It is very reasonable for the company to be awarded 360,000 yuan in compensation for the sudden death of workers after work all month without break, which is a fair judgment, because workers continue to work in hot workshops, and their bodies will be in an overloaded state, and the company often requires workers to work overtime, which leads to serious overdraft of the worker's body and serious harm to his physical health, which should be an important cause of the sudden death of the worker after work, so the company should compensate him. The sudden death of the worker on the way to work was a fatal blow to the family, but the company refused to recognize it as a work-related injury, and the family was dissatisfied with the company's approach, so they took the company to court.

This case is obviously that the company violated the rules and carried out work without regard for the personal safety of the employee, so it led to the death of the employee.

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.

I think it's unreasonable to buy a life with 360,000 yuan, if it weren't for the company's forced overtime, then the workers would not die suddenly because of too much work.

I think the amount of this claim is reasonable, everyone needs to rest so that all organs of the body can function healthily, and it is an irresponsible attitude to the workers.

In our daily life, I believe that many people have experienced overtime, and I believe that many people will choose to obey the boss's arrangement when facing overtime, because many bosses will take a very tough measure when facing employees working overtime. Most bosses will give employees overtime pay when they work overtime, but some bosses will not give any overtime pay at all when they face employees working overtime. Nantong's "Sudden Death of a Worker Without Leave for a Month" Falling Under the Hammer, Is It Reasonable for the Employer to Only Compensate 360,000 Yuan?

I believe that many netizens feel very sad in their hearts when they see such news, because an old father quit a very insecure job and engaged in a very high-pressure job in the company in order to raise his daughter and support his father. After a month of continuous overtime, the victim finally fell to the ground on his way home from work. After the conclusion of the first trial, the victim's family only received 37,000 yuan in compensation, and because the work-related injury was found to be completely unqualified, they did not get the compensation amount they should have at all.

The victim's daughter and father strongly disagreed with the verdict and faced a lot of pressure during the appeal process, because the results showed that the victim was in a very energetic state when he left the company, and there was no problem with the victim's electrocardiogram during the regular check-up. Therefore, the company has been in a very unpositive state in the matter of compensation, and the boss has not realized how serious the damage has been caused to the employees by his overtime behavior.

During the second-instance trial, the case was always in a difficult state, because it was very difficult to identify the work-related injury, and because the victim had been in a very healthy state before his death, it was always difficult to determine the compensation. In the end, the court decided to sentence the company to pay 360,000 yuan in compensation to the victims, which may be a small amount for many people, but for the daughter, it is a good thing to help her father successfully redress his grievances

I don't think 360,000 yuan is reasonable, because it is impossible for others to earn only 360,000 yuan in this life, and besides, this is the company's mistake and should not be paid for by the workers.

The company has seriously violated the provisions of the labor law, which has caused a serious threat to Zhu's health and created corresponding safety hazards.

Personally, I think it is unreasonable, if it is because of the sudden death caused by going to work all the time, then the employer must pay the responsibility.

The company needs to be held responsible for the sudden death of an employee after work without a day off for a whole month, because the employee is a violation of the provisions of the Labor Law, and the company is at fault for this, and needs to bear certain legal responsibilities for the sudden death of the employee. Regarding the sudden death of employees after work all month long, the company needs to be held responsible, I will answer it for you in detail below.

1. Does the company need to be held responsible for the sudden death of an employee after work all month long?

1. The company needs to be responsible for the sudden death of employees after work all month long.

2. Legal basis:

Article 14 of the Regulations on Work-related Injury Insurance stipulates that only an employee can be recognized as a work-related injury if he or she has one of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

2. How to identify work-related injuries for sudden death of employees

If the work-related injury is determined to be a work-related injury, the employee's close relatives can receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death allowance from the work-related injury insurance** of the deceased employee.

Article 15 of the Regulations on Work-related Injury Insurance

If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

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 war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Employees who have any of the circumstances in items (1) and (2) of the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

3. How to apply for work-related injury determination

(1) The employer submits an application for recognition of work-related injury to the social insurance administrative department of the coordinating region;

2) Submit relevant materials;

3) The insurance administrative department of the community section will investigate and verify the accident injury;

4) Make a decision to determine a work-related injury and notify the employee or his close relatives who apply for a work-related injury determination and the worker's unit in writing.

Although the sudden death of an employee after work without rest throughout the month does not occur during working hours, the company's failure to arrange rest time for the employee is a fault, and it is necessary to bear certain legal responsibility for the sudden death of the employee.

Compensation standard for sudden death of overtime.

The amount of compensation for sudden overtime death shall be compensated according to the law, which generally includes funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies. 1. The funeral subsidy shall be paid according to the average monthly salary of employees in the overall area for 6 months in the previous year; 2. The pension for dependent relatives shall be paid to the relatives who are unable to work and provide the main living expenses of the employee who died on the job according to a certain proportion of the employee's own salary; 3. The standard of one-time work-related death allowance shall be paid at 20 times the per capita disposable income of urban residents in the previous year.

If there is a causal relationship between the death and overtime, the work-related injury can be determined, otherwise Qi Yuan may not be recognized as a work-related injury. You can get a work-related death allowance for work-related deaths, which is equivalent to 20 times the disposable income of urban residents nationwide. The income above 2021 is 47,412 yuan, and 20 times is 948,240 yuan, nearly 950,000 yuan.

In addition, there is a funeral subsidy, which is equivalent to the provincial average salary for 6 months, about 40,000 to 50,000 yuan. Finally, all family members receive a monthly pension of up to 40 per cent of the deceased's salary.