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Compensation standard for accidental death in 2022
1. The funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months;
2. The pension for dependent relatives shall be paid to the relatives who provided the main source of livelihood and were unable to work because of work before the death of the employee according to a certain proportion of the employee's own salary. The standard is: spouse 40%, other relatives 30%, elderly or orphans 10%. However, the approved total pension for dependent relatives should not be higher than the salary of the employee who died at work.
3. One-time work-related death subsidy, the standard is the average monthly salary of employees in the overall planning area of 48 months to 60 months. The Legal Express reminds you that the specific standards are determined according to local regulations.
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Second, who is the subject of responsibility for accidental death compensation? The liability subjects of accidental death compensation are insurance companies, tort subjects and employers. Accidental death payment, as its name implies, is a form of payment in which the insurance company pays a certain amount of death insurance money according to the contract when the insured encounters an accidental injury accident during the insurance period.
Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that the subject liable for personal injury compensation is called the compensation obligor, that is, the natural person, legal person or other organization that should bear civil liability according to law because of its own or others' tort and the causes of the damage. Damage accidents that cause personal injury are caused by human behavior or natural facts.
Three. Compensation time for accidental death According to the relevant laws and regulations of our country, if an accidental death claims from an insurance company, the claim is time-limited, and the time limit for claiming from the insurer or paying insurance money is two years.
Article 26 of the Insurance Law of People's Republic of China (PRC) stipulates that the limitation of action for the insured or beneficiary of insurance other than life insurance to claim compensation or pay insurance money from the insurer is two years, counting from the day when he knows or should know the occurrence of the insurance accident. The limitation of action for the insured or beneficiary of life insurance to request the insurer to pay the insurance money is five years, counting from the day when he knows or should know the occurrence of the insurance accident.
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