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| Double compensation for traffic accident and industrial injury |
| Date:2019-11-20 14:20:40 | Visits： |
Traffic accident and death on the way to work
Traffic accident and work death compensation?
Case introduction: At about 7:30 on October 31, 2016, Li drove the bus from south to North on Jiangcheng Avenue, Wujiang District, to Wanping off ramp and Shenqi highway intersection. When the bus stopped at a traffic light and waited for traffic, it opened the door for passengers to leave. After Wu got off, he was hit by Liu's car driving along Jiangcheng Avenue ramp from south to north, and then he drove with Li's bus A collision occurred during the delivery of the car, which resulted in a traffic accident of Wu Mou's death. For this off-road traffic accident, the traffic police brigade of Wujiang District Public Security Bureau has determined that: Li Mou leaves the passenger in violation of regulations, Liu Mou is too fast and neglects observation, both of them are equally responsible for this accident, Wu Mou is not responsible. In addition, Wu was on the way to work by bus.
Wu's relatives entrusted a lawyer to file a traffic accident lawsuit, and the final court ruled that the bus and sedan side should pay more than 1.18 million yuan in total for the death compensation, funeral expenses and living expenses of the dependants. The family members of the deceased got more than one million yuan due to the traffic accident. Can they get the compensation for the death at work again?
Case analysis:
According to the provisions of Article 14 of the regulations on work related injury insurance, injuries caused by traffic accidents or urban rail transit, passenger ferry and train accidents that are not the main responsibility of the employee on the way to work shall be recognized as work related injuries. In this case, Wu died in a traffic accident on his way to work. Wu was not responsible for the accident, so Wu should be identified as a work-related death.
If an employee dies at work, his or her close relatives may, in accordance with the regulations, enjoy funeral subsidy, pension for supporting relatives and one-off subsidy for death at work. The legal basis and the subject of compensation are different, so the current policy can get double compensation. It is worth noting that in practice, medical expenses have been compensated in traffic accident cases, and this part of industrial injury claims cannot be compensated again. Industrial injury compensation is for the part of medical expenses that has not been compensated. In this case, Wu's close relatives received funeral expenses and one-time death allowance of more than 700000 yuan, and Wu's parents received pension for supporting relatives on a monthly basis.
Legal provisions: Article 39 of the regulations on work related injury insurance: if an employee dies at work, his / her close relatives shall receive funeral subsidy, dependant pension and one-off work related death subsidy from the work related injury insurance fund in accordance with the following provisions: (1) the funeral subsidy shall be the average monthly salary of the employee in the last year in the overall planning area of six months; (2) the dependant pension shall be one of the salary of the employee himself / herself A fixed proportion shall be distributed to the relatives who provide the main source of livelihood and are unable to work before the death of the employee due to work. The standards are: 40% for spouses, 30% for other relatives, and 10% for orphans and orphans. The sum of the approved pension for each dependent relative shall not be higher than the salary of the employee before death due to work.
Lawyer reminds:
1. In case of an industrial accident, it shall be reported in time.
The employer shall, within 30 days from the date of accident injury, apply to the work injury Department of the social security department for the determination of work injury. If the employer fails to apply for the determination of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives may directly apply for the determination of work-related injury within one year from the date of the occurrence of the accident injury.
If the employer fails to submit the application for the determination of work-related injury within the prescribed time limit, the employer shall bear the expenses related to the treatment of work-related injury incurred during this period. Therefore, the employing unit does not declare in time, resulting in great losses.
2. It is not the traffic accident on the way to and from work that counts as work-related injury. It depends on the accident responsibility.
According to the regulations, the work-related injuries caused by traffic accidents on the way to and from work that are not my main responsibility or urban rail transit, passenger ferry and train accidents are regarded as work-related injuries. The so-called non principal liability refers to the situation in which the person is not responsible for the occurrence of the accident, is responsible for the secondary responsibility of the accident or is equally responsible for the accident. If I bear all or main responsibility for the accident, it is not considered as work-related injury.
Compared with the regulations on work injury insurance before the amendment, the traffic accidents here are no longer limited to motor vehicle traffic accidents, but also non motor vehicle traffic accidents.
Jiangsu dongdazhou law firm
Lawyer Jian Liu
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