Labor has a price and life is priceless. One-off death grant for 2022 goes up!
Editor’s Note Hello, dear readers, Zhiren “Micro Matrix list” selects a high-quality article every week to push to the general readers: This week push: “Labor is valuable, life is priceless, the one-off death subsidy in 2022 increased!”According to the latest data released by the National Bureau of Statistics, the standard of one-off industrial death subsidy in 2022 will be adjusted to 47,412 ×20= 948,240 yuan!An increase of 71,560 yuan compared with 2021.One, the standard of compensation for death of work according to “regulations of inductrial injury insurance” the provision of the 39th article, the standard of compensation for death of the worker because of work totals three, including: 01 funeral subsidy calculation standard: the average monthly salary of the local worker of the last year of 6 months;Recipients of the pension for supporting relatives: the relatives who provide the main source of living and have no ability to work before death;Calculation criteria: 40% per month for spouse, 30% per month for other relatives, 10% per month for widows, elderly or orphans.Each make a living for the pension sum of relatives should not prep above because of work dead worker before one’s death salary.The specific scope of the dependents shall be prescribed by the social insurance administrative department under The State Council.Calculation standard of lump-sum employment death subsidy: 20 times of the per capita disposable income of urban residents in the previous year;According to data released by the National Bureau of Statistics on January 17, 2022, the per capita disposable income of urban residents in China in 2021 was 47,412 yuan.Therefore, the death subsidy in 2022 will be adjusted to 47412×20= 948,240 yuan;According to the statistics in the above table, during the nine years from 2014 to 2022, the one-time death subsidy standard increased by nearly 410,000 yuan, and increased to nearly one million yuan in 2022.1. There are 18 cases that can be identified as work-related death: 1) Death caused by accidents during working hours and in the workplace;2) Death due to accident injury in the workplace before or after working hours while engaged in preparatory or finishing work related to work;3) Death caused by violence or other accidental injuries during working hours or in the workplace;4) Die of occupational disease;5) Those who are injured due to work or are missing due to an accident while out of work and die;6) Died of injuries caused by traffic accidents or urban rail transit, passenger ferry or train accidents for which he is not responsible;7) Died of sudden illness during working hours and at work or died in spite of rescue efforts within 48 hours;8) Death due to injury in activities to safeguard state interests or public interests such as rescue and disaster relief;9) The employee who is in the army and is disabled because of war or on duty and has obtained the revolutionary disabled soldier certificate, dies due to the recurrence of the old injury after coming to the employing unit;10) retiree is employed at present working unit, present working unit has paid inductrial injury insurance premium for its, its dies because of work during being employed.The basis is “the Supreme People’s Court administrative tribunal is about whether to constitute labor relationship between retiree and working unit and whether to apply to injury in working time regulations of inductrial injury insurance problem” (2007) line he word no. 6);11) During the period when the employee is assigned by the unit to go out to study, he or she is injured by others while resting in the rest place arranged by the unit and dies.The basis is “the Supreme People’s Court administrative tribunal on the workers go out to study during the rest of the other people should be identified as the answer to the problem of industrial injury” ( line he word no. 9]);12) If the cause of death of an employee is unknown during the period of going out on business, and the evidence provided by the employing unit or the social security department cannot exclude the death caused by non-work causes, it shall be determined as an industrial injury according to the provisions of article 14 (5) and Article 19 (2) of the Regulations on Industrial injury Insurance.The basis is “the Supreme People’s Court on the unidentified cause of death during the worker on business should be identified as a work-related injury reply” (line he word no. 236);13) The migrant farmer employed by the employer over the statutory retirement age dies during working hours due to work-related reasons.The basis is “the Supreme People’s Court on the administrative tribunal of more than the legal retirement age of migrant workers in cities due to work injuries and injuries, should apply to the” Industrial injury Insurance Regulations “request reply (2010) line he Character No. 10));14) During working hours or driving public transport or other special positions, the patient dies after emergency rescue due to the delay of treatment and aggravation of the illness caused by the special position;15) Death due to injuries sustained in eating, taking breaks, going to the toilet and other necessary life and physiological activities during continuous work and in the workplace;16) The employer dies of injuries caused by participating in learning, education, training or cultural and sports activities uniformly organized or arranged by the employer;17) Death due to injuries suffered in the treatment and rest organized by the labor union at all levels or the personnel department of the organization at or above the county level according to the regulations, except the treatment and rest arranged by the employees themselves at the expense of the unit.18) Other circumstances that should be identified as accidents according to laws and administrative regulations.2. Circumstances that cannot be identified as work-related death: 1) death due to intentional crime;2) death due to intoxication or drug abuse;3) suicide;4) When an employee is driving a motor vehicle without a license, driving a motor vehicle without a license or driving a motor vehicle after drinking alcohol, the accident results in injury or death, it should not be identified as an industrial injury.Is based on the administrative divisions of the Supreme People’s Court about the worker in the work of the casualties caused by the motor vehicle driving without a license, should maintain for inductrial injury question answer “(third row his word no. 182), unit of choose and employ persons ought to need to pay attention to the other 1) practical problems such as unit has been for worker pay of inductrial injury insurance, is it pay by fund of inductrial injury insurance.2) The industrial injury insurance benefits paid by the industrial injury insurance fund shall be directly distributed to the industrial injury employees by the municipal and county social insurance agencies, and the part paid in advance by the employer shall be directly refunded to the employer by the social insurance agencies.3) If an employer purchases commercial personal accident insurance for its employees, it shall not be exempted from its legal obligation to purchase work-related injury insurance for its employees.After the worker obtains the person accident injury insurance compensation that unit of choose and employ persons buys for it pays, still have authority to advocate to unit of choose and employ persons insurance pay of work death, inductrial injury.Note that for certain persons, work-related injury insurance can be paid separately.4) Different from the compensation for tort of personal injury, there is no regional difference in one-time death subsidy, and the same standard applies to all regions of the country;The lumpsum benefit and the funeral benefit are based on the previous year at the time of death rather than the year at the time of proceedings.5) The third party tort and industrial injury compensation competition and cooperative treatment of courts throughout the country are inconsistent.Starting from January 1, 2018, zhejiang province, injured workers who first claim compensation from a third party and the amount of compensation is less than the compensation they should enjoy according to law can claim compensation from the industrial injury insurance fund or the employer for the difference.Where an injured injury employee requests payment of injury insurance benefits directly to the injury insurance fund or the employing unit, the injury insurance fund or the employing unit shall have the right to seek compensation from a third party within the scope of the injury insurance benefits paid by the fund, and the injury employee shall cooperate in seeking compensation.Iv. Practical suggestions: As an employer, it should pay social insurance for new employees in time, and pay industrial injury insurance in time if it meets individual industrial injury insurance;Although have laborer to sign voluntary abandon pay social security commitment letter, in view of pay social insurance is the legal obligation of unit of choose and employ persons, this commitment letter is invalid, once occurrence inductrial injury, unit all still need to assume corresponding work death treatment.Zhu Yue is a full-time lawyer of Zhejiang Zhiren Law Firm specializing in labor disputes and enterprise legal risk prevention and control. Practice motto: Law, the instrument of the world.Therefore, the determination of the right and wrong also, the county life of the people.