How to compensate for the death of workers in labor relations

I Labor relations How to compensate for the death of employees

If the labor service personnel involved in the labor service relationship died in the course of work, the employer should bear the corresponding civil liability for compensation. The scope of compensation includes Funeral expenses 、 Death compensation , was raise Personal living expenses, as well as other reasonable expenses such as transportation expenses, accommodation expenses and loss of work delay incurred in handling the funeral.

The specific amount of funeral expenses shall refer to the monthly average of employees in the previous year in the place where the court of appeal is located wages Standard, calculated by the total amount of six months.

As for death compensation, it shall be calculated according to the standard of per capita disposable income of urban residents or per capita net income of rural residents in the previous year in the place where the court of appeal is located, and the period shall be 20 years.

However, for victims over 60 years old, the compensation period will be reduced by one year for each year of increase in their age;

If the victim has reached the age of 75, only five years shall be counted.

In addition, the calculation method of the living expenses of the dependents is also different. It needs to be determined according to the degree of the dependents' inability to work, with reference to the standard of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year where the court is located.

If the dependant is a minor, the calculation period will end at the age of 18;

If the dependant is unable to engage in any labor and has no other source of income, the calculation period is 20 years.

Similarly, for the dependants over 60 years old, the compensation period will be reduced by one year for each year of increase in their age;

If the victim has reached the age of 75, only five years shall be counted.

《 Civil Code 》Article 1192

If a service relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear the responsibility tort liability 。 After the party receiving the labor service bears the liability for infringement, it may recover the compensation from the party providing the labor service with intent or gross negligence. If the party providing labor services suffers damage due to labor services, it shall bear corresponding liabilities according to the respective faults of both parties.

During the provision of labor services, if the act of a third person causes damage to the party providing the labor services, the party providing the labor services has the right to request the third person to bear the tort liability, and also has the right to request the party receiving the labor services to compensate. After compensation, the party receiving the labor service may claim compensation from a third party.

2、 Labor relations Personal injury compensation standard

The scope of compensation covers medical expense 、 Nursing expenses All reasonable expenses to solve the injury and restore health, such as expenses for food, transportation, nutrition, and hospitalization food subsidies, also include financial losses caused by the decline of income due to the loss of working hours.

The following is a detailed description of the specific amount:

1. Cost of work delay:

These include the factors that need to be considered in calculating the cost of lost time, such as the actual time of lost time, and the victim's personal salary level.

2. Nursing expenses:

The specific nursing costs should refer to the relevant local regulations, special medical agreements and the actual needs of the victims.

3. Transportation expenses:

This part involves the related costs of transportation used by the victim in the process of going to the hospital for diagnosis and treatment, or transferring to another hospital for treatment.

4. Accommodation expenses:

For those victims who need to stay at home or abroad, the relevant accommodation costs also need to be taken into account.

5. Hospitalized food allowance:

The calculation method of inpatient food allowance is to multiply the exact days of hospitalization by the daily fixed amount of allowance.

6. Nutrition expenses:

The cost of providing the victim with the corresponding nutritional subsidies also needs to be included in the scope of compensation.

seven Disability compensation cost:

For the influence of the degree of physical disability and working ability of the victim, the party liable for compensation may bear the corresponding disability compensation.

8. Cost of disability aids:

When the victim suffers from disability and needs special auxiliary equipment to help him improve his quality of life, the expenses for the purchase and maintenance of these equipment shall also be borne by the person liable for compensation.

9. Relevant appraisal fees:

For example, when the victim needs to Disability grade identification In order to clarify the actual extent of the damage, the appraisal fees to be paid are also included in the scope of compensation.

10. Be support Cost of living:

For relevant dependents, the living expenses required during the period when their normal living needs are affected by the accident shall also be included in the compensation scope.

11. Follow up treatment costs:

It includes such expenses as convalescence after the wound is healed, as well as any unforeseen but really necessary treatment expenses.

12. Funeral expenses:

The compensation for funeral expenses is based on local standards, usually the average salary of employees in the region in the previous year, and the sacrifice of six months' vacation is the reference basis.

13. Death compensation expenses:

This part of the cost is for the death caused by the injury or disease of the injured person as the direct cause, damages The amount will be determined according to the law and the requirements of the victim's family.

14. Mental comfort expenses:

The specific amount of compensation will be determined by the local court according to the case and the general view of the society, so as to make the victims and their families get a fair, reasonable and satisfactory psychological comfort compensation effect.

Article 1179 of the Civil Code

Infringement on others Personal injury Should be compensated Medical expenses Nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. are reasonable expenses for treatment and rehabilitation expenses, as well as reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and Disability compensation ； If death is caused, funeral expenses and death compensation shall also be compensated.

Law is the cornerstone of society and an important means to maintain social order and justice. Each of us should respect the law, abide by the law, and safeguard the dignity and authority of the law. As the title of this article puts forward, "How to compensate for the death of workers in labor relations", law is not only a provision, but also an education and guidance. We should learn from the law how to act correctly, how to respect the rights and interests of others, and how to maintain social justice and fairness. Only in this way can we truly realize the ideal of a society governed by law and achieve justice and fairness.