Does social security have compensation after compensation for work-related injury death?

First, how to identify work-related injuries in traffic accidents.

(1) Identification conditions:

Whether a car accident on the way to and from work can be regarded as a work-related injury cannot be generalized, and it should be judged by combining certain factors with specific practice. If a motor vehicle accident in road traffic causes personal injury or death of the principal responsible person on the prescribed time and necessary commuting route, it shall be recognized as a work-related injury.

The following four factors should be considered in determining whether the road traffic accidents of employees belong to work-related injuries:

1, the prescribed time for commuting;

2. The only route to and from work;

3. No personal or non-personal responsibility;

4. Motor vehicle accidents.

The four demands must be met at the same time, and both are indispensable.

(2) Time limit for application:

1, the employer shall, within 30 days from the date of the accident, apply to the administrative department of labor and social security (social security department) in the overall planning area for work-related injury identification;

2. If the employer fails to apply for work-related injury identification for employees according to law, employees or their immediate family members and trade unions may apply to the administrative department of labor and social security for work-related injury identification within 1 year from the date of the accident.

(3) Accepting department:

Social security bureaus in all co-ordinate areas.

(4) Materials provided:

1, industrial injury identification application form (received and filled in by social security department);

2, the labor contract (no labor contract to provide proof of factual labor relations), for the insured employees need to provide employer registration information (can be printed by the Municipal Administration for Industry and Commerce);

3, the first medical records and related inspection report copy;

4. Copy of employee ID card;

5 copies of road traffic accident responsibility confirmation and other valid certificates;

6. If the application is made by the immediate family members of the injured workers, the proof of the relationship between the applicant and the injured workers, such as the household registration certificate (issued by the police station where the applicant's household registration is located), must also be submitted.

Second, the standard of compensation for work-related injuries in traffic accidents.

(1) traffic accident compensation has paid for medical expenses, funeral expenses, nursing expenses, appliances for the disabled and lost time. Enterprises or industrial injury insurance agencies will no longer pay corresponding treatment (the lost time in traffic accident compensation is equivalent to industrial injury allowance). Enterprises or industrial injury insurance agencies advance related expenses, and employees or their relatives shall repay them after obtaining traffic accident compensation.

(2) Workers with work-related injuries or their relatives who have received death compensation or disability living allowance paid by traffic accident compensation will no longer receive one-time work-related injury insurance death allowance or one-time disability allowance. However, if the death compensation or disability living allowance paid by traffic accident compensation is lower than the one-time work death allowance or one-time disability allowance of industrial injury insurance, the enterprise or industrial injury insurance agency shall make up the difference.

(3) If an employee dies or is disabled due to a traffic accident, in addition to the above two benefits, he can also enjoy other industrial injury insurance benefits in accordance with the regulations.

(4) If the injured employee can't get traffic accident compensation due to hit-and-run traffic or other reasons, the enterprise or the industrial injury insurance agency shall give the industrial injury insurance treatment according to the regulations.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:

(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;

(2) Hospitalization food subsidies;

(three) transportation and accommodation expenses for medical treatment outside the overall planning area;

(four) the cost of installing and configuring assistive devices for the disabled;

(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs;

(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;

(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;

(nine) labor ability appraisal fee.

Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:

(a) wages and benefits during the treatment of work-related injuries;

(two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;

(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.

The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.