After the death of a worker, in addition to the work related injury insurance, what expenses does th

In the case of work-related death, if there is work-related injury insurance, the enterprise does not need to bear the compensation costs.

Regulations on Work-related Injury Insurance

Article 39 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** 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 provided the main livelihood of the employee who died on the job and were 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 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 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.

According to the above provisions, if the enterprise has paid work-related injury insurance for the work-related death employee, the corresponding compensation shall be paid by the work-related injury management department, and the enterprise has no legal obligation to pay additional compensation for the work-related death.

No, there are special regulations on safety production expenses, for safety inspections, hidden danger rectification, safety training, maintenance of safety production facilities, and equipment for labor protection supplies. Work-related injury insurance is a type of compulsory social insurance by the state.

Can't count. Because work-related injury insurance is a kind of compulsory insurance after an accident, in order to reduce the loss of the policyholder and protect the interests of the beneficiary, such as compulsory traffic insurance, in essence, the accident will not occur because the policyholder spent money to buy insurance (in order to cheat the insurance, sometimes accidents that should not happen will happen); The so-called safety investment costs directly related to safety production are essentially the costs invested in advance to prevent or reduce the probability of accidents, or to reduce the severity of accidents. For example, in order to prevent head impact and reduce **, employees are equipped with safety helmets and safety belts.

Hello, work-related injury insurance belongs to the category of risk prevention, which belongs to the expenditure of indirect medical expenses, and can of course be included in the scope of safety production expenses. The Regulations on Work-related Injury Insurance are also an integral part of the legal system for work safety. So, the answer is yes.

In the safety production management ledger, there is a statistical account about the cost input, so it is necessary to include the expenditure of work-related injury insurance.

According to the 2012 "Administrative Measures for the Extraction and Use of Enterprise Safety Production Expenses", there is no clear provision that this accident insurance is not a safety expenditure, and one of them is: other expenses directly related to production safety. I understand that accident insurance, safety liability insurance, etc. should be counted as safety production expenses.

For personal understanding, please advise the great god.

The work-related injury insurance system includes the prevention of accidents and assistance to the injured**. The legislation of all countries in the world requires employers to be responsible for the employees' **. Employers should strive to reduce the occurrence of accidents, improve working conditions, strengthen safety training for workers, and promptly discover hidden dangers of accidents and correct them in a timely manner.

In the event of an accident, it is necessary to take measures including vacations and other measures to promote employees as soon as possible. Help the injured and disabled to recover their ability to work, and create conditions for the disabled to live and work.

Expenses covered by workers' compensation insurance**:

1. Medical expenses and expenses for work-related injuries.

2. Hospitalization meal subsidy.

3. Transportation and accommodation expenses for medical treatment outside the overall planning area.

4. The cost of installing and configuring assistive devices for the disabled.

5. For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee.

6. One-time disability allowance and monthly disability allowance for disabled employees of grades 1 to 4.

7. A one-time medical subsidy shall be enjoyed when the labor contract is terminated or dissolved.

8. In the event of a work-related death, the survivors shall receive funeral subsidies, pensions for dependent relatives and work-related death subsidies.

9. Labor ability appraisal fee.

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

1. During working hours and at work, death from sudden illness or death within 48 hours after rescue efforts failed.

2. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests.

3. Employees who originally 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.

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc. Disputes arising from the implementation of the provisions of the State on wages, insurance, welfare, training, and labor protectionArticle 6 Workers suffer from work-related injuries or occupational diseases. If the employer is requested to bear the dispute over the granting of work-related injury insurance benefits in accordance with the law, and the party sues in accordance with the law after arbitration by the labor dispute arbitration commission, the people's court shall accept it.

Work-related injury insurance is not a safety production expense, but a part of social insurance. Specifically, social security includes five types of insurance: endowment insurance, medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance.

Work-related injury insurance refers to a social insurance system in which workers or their surviving family members receive material assistance from the state and society when they suffer accidental injuries or occupational diseases resulting in temporary or permanent incapacity for work and death at work or under special circumstances specified in the basic provisions.

Safety production expenses refer to the funds that are withdrawn by the enterprise in accordance with the prescribed standards and included in the cost, and are specially used to improve the safety production conditions of the enterprise. The security expenses are financed in accordance with the principle of "enterprise extraction, supervision, ensuring needs, and standardizing use". The expenses required for the prevention and treatment of occupational diseases, work-related injury insurance, and medical insurance provided by enterprises for employees shall not be included in the safety expenses.

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According to Article 39 of the Social Insurance Law, an enterprise involved in a work-related accident shall bear the following expenses:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

1. How to issue work-related injury insurance.

Work-related injury insurance** will pay the following compensation expenses: those who are unable to take care of themselves, and those who have not been confirmed by the Labor Ability Appraisal Committee for nursing expenses; the cost of installing and configuring disability assistive devices; Hospitalization meal subsidy; Other. The employer will provide the following work-related injury insurance benefits:

**Wages and benefits during the work-related injury; Disability allowance received by employees with disabilities of grade 5 and grade 6 on a monthly basis; A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

2. Can a case be filed for reversal of work-related injuries?

If you regret your work-related injury after it has been compromised, you may apply to file a case. If the employer signs a work-related injury compensation agreement with the worker, the employer fails to perform the agreement, and the employee may apply to the labor dispute arbitration commission for arbitration. The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with national regulations:

**Wages and benefits during the work-related injury; Disability allowance received by employees with disabilities of grade 5 and grade 6 on a monthly basis; A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Social Insurance Law of the People's Republic of China

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Legal analysis: If the employer has paid work-related injury insurance, the employer shall pay the salary for the period of suspension of work, the monthly disability allowance (level 5 to 6), and a one-time disability employment subsidy (when the labor contract is terminated or terminated at level 5 to 10). If the employer fails to pay work-related injury insurance, the employer shall pay all work-related injury compensation benefits.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 If an employee has any of the following circumstances, it shall be deemed to be a disorderly injury to the work code wheel:

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.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be formulated by the administrative department of social insurance in conjunction with the administrative department of health, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

What expenses should the employer bear after an employee is injured at work? Article 38 of the Social Insurance Law of the People's Republic of China shall be paid from the work-related injury insurance in accordance with the provisions of the State: (1) the medical expenses and expenses of the work-related injury; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related deaths, funeral subsidies, pensions for dependent relatives and work-related death subsidies received by their surviving family members; (9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; 2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; 3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved. If the work-related injury insurance is not paid, the employer shall bear all the above.

Does that make sense?

The benefits of the employee during the work-related injury remain unchanged, and these are borne by the enterprise, including wages (the wages are calculated and paid on the basis of the basic salary from the time the employee leaves the job in the event of a work-related injury). The specific implementation methods are different in different places, during the first period, the enterprise needs to pay the medical expenses in advance, and settle with the social security agency after the end of the first period, and pay attention to the original materials such as diagnosis certificates, invoices, expense lists, medical records, etc.! The premise of settlement is to carry out work-related injury identification and labor ability appraisal in a timely manner.

If you are identified as having a disability level 1-10, the disability allowance and disability allowance are both paid by the work-related injury insurance** and the company does not need to pay for it.

Here I will briefly describe the treatment of 1-10 levels of disability and corporate responsibility:

Grade 1-4 disability retains the labor relationship, quits the job, and the enterprise pays various social insurance premiums for the injured employee based on the disability allowance and enjoys the welfare benefits normally.

Grade 5-10 can terminate the labor contract relationship upon the proposal of the injured employee, and the enterprise shall pay the employee a one-time disability employment subsidy and a one-time work-related injury medical subsidy according to the relevant standards, and the specific standards shall be formulated by the people of all provinces, autonomous regions and municipalities directly under the Central Government.

For details, please refer to the 2011 revised version of the Regulations on Work-related Injury Insurance and the implementation measures of the relevant Regulations on Work-related Injury Insurance in the overall region.

Please refer to Article 33 of the Regulations on Work-related Injury Insurance: "If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis."

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible. ”