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How to write the compensation agreement for death due to illness at the construction site?

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How to write the compensation agreement for death due to illness at the construction site?


        

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  • 2024-06-10 09:00:48

    The situation of the employer, the basic situation of the workers, the cause of death in the accident, the amount of death compensation, the compensation items, and the payment method of compensation should be reflected in the site death compensation agreement, which is in duplicate, with one copy for the close relatives of the deceased employee and one copy for the employer.

    List of contents of this article:

    1. How to write the compensation agreement for death due to illness at the construction site? 2. How much is the general compensation for work-related injuries and deaths on the construction site? 3. What is the identification procedure for temporary work-related injuries?

    How to write the compensation agreement for death due to illness at the construction site?

    Party A (employer)

    Party B (worker), male, age, ID No.:

    Party B accidentally caused an injury accident on the construction site in the district on MM/DD/YYYY, resulting in a fracture of the left wrist bone. After that, Party A immediately sent Party B to the hospital for emergency treatment. After the treatment, there was no major problem. In order to properly solve the problem of Party B's injury, Party A and Party B reached the following agreement through friendly negotiation on the principle of equality, voluntariness, mutual understanding and mutual accommodation:

    1. All the medical fees, transportation fees and other fees actually incurred and payable by Party A from the date of Party B's injury to the date of signing this agreement have been fully paid by Party A before the signing of this agreement. After the signing of this agreement, Party B shall not claim any fees incurred in the preceding period from Party A for any reason.

    2. With the agreement of both parties through negotiation, Party A shall pay Party B the disability treatment, one-time medical subsidy, lost time expenses and all other expenses that shall be paid by Party A according to law (hereinafter referred to as "one-time subsidy"), totaling 5000 yuan (in words: five thousand yuan only), which shall be paid by Party A in a lump sum when both parties sign the agreement.

    3. After receiving the one-time subsidy, Party B shall reasonably distribute and deal with it, and consciously keep enough of the possible follow-up treatment, rehabilitation, living and other costs. The way in which Party B distributes and handles the above-mentioned expenses shall be decided by Party B at its own discretion, and the consequences shall be borne by Party B.

    4. The rights and responsibilities of both parties shall be terminated after both parties sign this agreement. Party B promises not to ask Party A for any other expenses or bear any responsibility for labor related matters in any form or for any reason.

    5. This agreement is made in duplicate, with each party holding one copy. The agreement shall become legally effective after being signed by both parties.

    6. This agreement is a one-time termination agreement, and both parties shall take this as a judgment, fully and effectively perform the contract, and shall not entangle with each other for any reason. Party A has nothing to do with Party B's physical or mental problems in the future.

    Signature of Party A (person in charge): Signature of Party B:

    Date: Date:

    How much is the general compensation for work-related injuries and deaths on the construction site?

    If an employee dies at work, his or her immediate family members shall receive funeral subsidies, pension for supporting relatives and one-off death subsidies from the industrial injury insurance fund in accordance with the following provisions:

    1. The funeral subsidy is the average monthly salary of the staff and workers in the planned area of the previous year for 6 months;

    2. The pension for the supporting relatives shall be paid to the relatives who provided the main source of livelihood and were unable to work before the death of the employee due to work according to a certain proportion of the employee's salary.

    The standard is: 40% per month for spouses, 30% per month for other relatives, and 10% per month for the elderly or orphans. The sum of the verified pensions of the supporting relatives shall not be higher than the living wages of the employees who died due to work.

    3. The standard of one-time death allowance is the average monthly salary of employees in the last year in the overall planning area from 48 months to 60 months. The specific standards shall be formulated by the people's government of the overall planning area according to the local economic and social development, and reported to the people's government of the province, autonomous region, or municipality directly under the Central Government for the record.

    What is the identification procedure for temporary work-related injuries?

    1. Prepare materials

    The following materials shall be submitted to apply for identification of work-related injuries:

    (1) Application form for identification of work-related injury;

    (2) Materials proving the existence of labor relationship (including factual labor relationship) with the employer;

    (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis appraisal certificate).

    The application form for determination of work-related injury shall include the basic information such as the time, place, cause of the accident and the degree of injury of employees.

    2. Acceptance and verification

    After accepting the application for identification of work-related injury, the social insurance administrative department can investigate and verify the accident injury according to the need of examination, and the employer, employees, trade union organizations, medical institutions and relevant departments should provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Control of Occupational Diseases. The social insurance administrative department will no longer investigate and verify those who have obtained the certificate of occupational disease diagnosis or appraisal certificate of occupational disease diagnosis according to law.

    3. Decision

    The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of accepting the application for the determination of work-related injury, and notify the employee or his close relatives who applied for the determination of work-related injury and the employer of the employee in writing.

    4. Delivery

    The social insurance administrative department shall, within 20 days from the date of making the determination of work-related injury, deliver the Letter of Decision on Determination of work-related injury or the Letter of Decision not to Determine work-related injury to the injured employee (or his close relatives) and the employer, and send a copy to the social insurance agency.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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