Recently, the family disputes caused by the compensation caused by the death of the workers have aroused the attention of the Internet.
On January 21, 2022, Abin (pseudonym) accidentally fell off the top of the shed while building a color steel shed, and died of unfortunately after the rescue was invalid.
It is understood that Abin has formed a family and has a son Xiaohai, but because the two parties did not receive a marriage certificate, and in 2007, the "ex -wife" gave birth to his son and ran away from home. Xiaohai always lived with his grandparents Lao Wan and his wife.Later, Abin and Xiao Rong were together, and the two received a marriage certificate.I did not expect that there was an accident just a few months after receiving the certificate. At this time, Xiao Rong was pregnant for a few months, and the child was not born.
The boss Zhang Jianguo paid a total of 1.42 million yuan, including funeral expenses, disposable labor subsidies, and support for relatives.
Zhang Jianguo paid 700,000 cash first. When he wanted to make a payment, Abin’s father, Lao Wan asked the money to hit the account of other people.Abin’s wife Xiaorong believes that she is a spouse protected by law and insisted on hitting her card in full, so she refused to sign the compensation agreement.
After many negotiations, Lao Wan agreed to transfer 300,000 yuan to Xiao Rong’s account, and Xiao Rong also signed the compensation agreement.
After the birth of the belly, Mengmeng (pseudonym), Xiao Rong and Lao Wan couple discussed that they wanted to re -assign compensation, so that the son Mengmeng could also be divided into one, but the other party was rejected.
When Lao Wan said to negotiate with the other party, Xiao Rong did not say that she was pregnant.Because of this, there are only four compensators involved in the "Compensation Agreement of the Workers", which does not include Meng Meng who was born later.
In July 2022, because of the failure of the negotiation, Xiao Rong used Mengmeng as the plaintiff to the court to court, and he asked his father Abin’s work to compensate for 400,000 yuan.
In September 2022, the case of the People’s Court of the Xuyong County of Luzhou City, Sichuan Province opened the trial.The defendant had no objection to the marriage relationship, and he had doubts about whether the plaintiff’s son of the deceased Abin.Subsequently, the courts organized both parties to jointly select the Judicial Appraisal Center of Southwest Medical University for testing. The appraisal center extracted the blood samples of Abin who had stayed in the testing agency for confirmation.
On November 10, 2022, the Judicial Appraisal Center of Southwest Medical University gave an appraisal opinion to support the deceased Abin’s father who was Meng Meng.
In November 2022, the People’s Court of Luyong County, Luzhou City, Sichuan Province opened the trial again.
Lao Wan and his wife also proposed that if the remaining son Mengmeng was counted at the time, the compensation paid by the other party should increase.The boss Zhang Jianguo responded that in general, this kind of engineering accident paid more than 900,000 yuan, and the case paid in this case was 1.42 million, which was hundreds of thousands of more, which was to consider the children in the belly.In addition, the agreement signed by the two parties clearly states that this agreement is to end compensation at one time. Both parties and B shall not regret it. The employees of the workers will not have any reasons, and then claim any compensation fee to Party A.
When the case was in a deadlock, the plaintiff’s mother found three witnesses who participated in coordination at the time. The three witnesses proved that the deceased’s spouse Xiao Rong had proposed the fact that she was pregnant.The compensation contains the share of the relics, but there was no special agreement at the time.
During the trial, according to the evidence submitted by the defendant Lao Wan, Abin’s funeral cost was 60,000 yuan, and the cost of deducting this cost was 1.36 million yuan for division.
The undertaking judge believes that from the perspective of the average distribution, the remaining 1.36 million can be divided into 272,000 per person. After tilting to the two elderly people, consider the youngest child of the deceased.After the two sides tilted, the spouse of the deceased and his younger son Meng Meng comprehensively, and the two were divided into 512,000 yuan together.
In December 2022, the People’s Court of Luyong County, Luzhou City, Sichuan Province made a first trial judgment on the case. Therefore, Qian Xiao Rong had received 300,000 compensation.The compensation obtained by death is divided into 212,000 yuan to the plaintiff.
After the lawsuit was over, Lao Wan and Xiao Rong also negotiated on the ownership of the county’s mortgage loan house.The final agreement was that the house in the county belonged to Abin’s eldest son Xiaohai, and Lao Wan’s other party was compensated to Mengmeng and Xiao Rong more than 70,000 yuan.
Disputes of relics inheritance are not a case
Similarly, the Shanghai Putuo District United People’s Mediation Commission has also announced the common physical segmentation disputes caused by death compensation.The mediation officer considers the situation of all parties, and ultimately prompts the parties to reach an agreement.
Wang Moumou and Chen Moumou’s relationship with Chen Moumou, Chen Mou and Li Moumou are Chen Moumou’s parents.In March 2021, when Chen Moumou rode an electric bicycle to an intersection of Putuo District, he was crushed by his right rear wheel after being brought to the ground by a large -scale truck that was turned on the ground.
Various economic losses such as mental losses cost more than 1.895 million yuan.When Chen died, Wang Moumou had been pregnant for 9 months.In April, Wang Moumou’s son Xiao Chen was born.
After the compensation was entered into Wang Moumou’s account, Chen and Li Moumou had not been divided into the share he should enjoy, and repeatedly asked Wang Moumou to ask for it.On October 18, 2021, Chen and Li Moumou came to the Putuo District United People’s Mediation Committee to apply for mediation.
Chen and Li Moumou believed that the compensation of death should belong to the heritage of his son Chen Moumou, and enjoyed the legal inheritance right according to law. When Chen Moumou died, his grandson was not born and should not participate in the division of death compensation.
Wang Moumou believes that the compensation for death should be the common property of the husband and wife. When the division is divided, half of them should be owned by themselves. The other half should be divided by the rest, and it is mentioned that their son can also get compensation.
The above cases all involve the inheritance of death compensation. The main focus of disputes is: whether the death compensation is in the heritage or the common property of the husband and wife;
Law of law
According to my country’s "Regulations on Work Injury Insurance", there are three costs to consider due to work injury.The first is the cost of funeral. It has a certain standard, which is 6 times the average monthly salary of employees in the previous year in the region; the second is the pension of supporting relatives. It is basically within the category of close relatives, including spouses, including spouseChildren, parents, grandparents, grandparents, grandchildren, grandson children and siblings.In the legal inheritance, it is distinguished from the first and second sequences, and the order is before, it will rule out the right to inherit the later order.However, in the handling of work injury accidents, the scope of the pension applied by relatives does not distinguish the order; the third cost is a one -time working -ended subsidy. This standard is also very clear. Its amount is generally in our country.In the previous year, the average annual disposable income of urban residents was 20 times.
According to Article 1,22 of the "People’s Republic of China", "Heritage is a personal legal property left by natural persons when the death of nature."Citizens can deal with their will before their lifetime; and death compensation does not exist before citizens’ death, and death compensation is not given to the deceased.Therefore, death compensation is not a citizen’s inheritance, but a kind of property damage compensation for the overall expected income loss of the deceased’s family.Article 45 stipulates that "spouse, parents, children, etc. are close relatives".
Article 1062 of the "People’s Republic of China" stipulates that the common property of the husband and wife refers to the property co -owned by the husband and wife during the existence of the husband and wife, including wages and bonuses.The death compensation is not obtained during the joint life of the husband and wife. It is a compensation generated after death, and it does not belong to the common property of the husband and wife.
Article 16 of the "Code of the People’s Republic of China" stipulates that if the fetus involves inheritance of heritage inheritance and accepting gifts, the fetus is deemed to have civil rights.Therefore, since its birth of civil rights, its share should be retained when dividing death compensation.
Comprehensive CCTV today, Shanghai rule of law News
Sortoring ｜ Fan Jie
Source: rule of law network
