Time limit for reporting work-related death

If a worker dies, the employer shall first apply for work-related injury identification, and after the identification result comes out, the close relatives of the worker shall negotiate with the employer about death compensation. I. Time limit for determination of compensation for work-related injury death Article 17 If an employee suffers from an accident injury or is diagnosed and identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, submit an application for determination of work-related injury to the social insurance administrative department in the overall planning area. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended. If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department where the employing unit is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease. Second, the treatment standard for work-related injury death is 1, and the funeral subsidy = the average monthly salary of employees in the overall planning area last year ×6 months. 2, a one-time work death grant = 20 times the per capita disposable income of urban residents last year. 3, support relatives pension standard. Spouse = employee salary ×40%, other relatives = employee salary ×30%. My salary refers to the average monthly payment salary of the injured workers before 12 months due to work-related accidents or occupational diseases. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area. Three. Procedures for Appraisal of Work-related Death If an injured employee suffers from an accident or occupational disease at work and the employer fails to apply for appraisal of work-related death within one month from the date of the accident, the close relatives of the deceased employee may apply for appraisal of work-related death within one year from the date of the accident. If a close relative of a deceased employee applies for work-related injury identification, he/she shall submit an application form for work-related injury identification and: 1, a copy of the ID card of the applicant and the deceased employee, and proof of kinship; 2. Enterprise information of the employer; 3, a copy of the labor contract and materials that can prove the labor relationship; 4. Medical records, diagnosis certificates and death certificates; 5. In some places, the administrative department of work-related injury identification needs to provide witness testimony in order to find out the facts. After the above materials are prepared, the close relatives of the deceased employees shall apply to the social insurance administrative department of the overall planning area for work-related injury identification in time, and the organ will finally determine whether it is a work-related injury death. If the close relatives of the workers who died at work or the employing unit do not recognize the conclusion of the work-related injury determination, they may apply for administrative reconsideration within 60 days from the date of receiving the confirmation, or bring an administrative lawsuit within 6 months, and the reconsideration organ or the people's court will make the final work-related injury determination. Legal basis: Article 5 of the Measures for Determining Work-related Injury. If the employer fails to apply for work-related injury identification within the prescribed time limit, the injured employee or his close relatives or trade unions may apply for work-related injury identification directly in accordance with the provisions of Article 4 of these Measures within 1 year from the date of accident injury or the date of diagnosis and identification as an occupational disease. Article 6 of the Measures for the Identification of Work-related Injuries When applying for the identification of work-related injuries, an application form for the identification of work-related injuries shall be filled in, and the following materials shall be submitted: (1) A copy of the labor employment contract text or other supporting materials that have labor relations (including factual labor relations) and personnel relations with the employer; (2) Certificate of industrial injury diagnosis or occupational disease diagnosis issued by medical institutions (or occupational disease diagnosis certificate). According to the law, if a worker dies due to a work-related injury, the time for determining the work-related injury is the same as that for determining the general work-related injury, and the employer must apply within 30 days.

Legal objectivity:

How long is the time limit for determining work-related death? Usually 60 days. For an application with clear facts and clear rights and obligations, the administrative department of social insurance shall make a decision to identify the work-related injury within 05 days from the date of acceptance. Work-related injury identification refers to the behavior that the workers who apply for work-related injury identification are identified as work-related injuries, and after the medical treatment is terminated or the medical treatment expires, the labor ability appraisal Committee at or above the municipal level will identify the work-related injuries. It is an important means and basis for determining the level of work-related injuries and follow-up nursing treatment. According to Article 17 of the Regulations on Work-related Injury Insurance, if an employee suffers an accident injury or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended. If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department where the employing unit is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease. In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department located in the district where the employer is located in accordance with the principle of territoriality. If the employer fails to file an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury treatment in accordance with the provisions of these regulations during this period.