Can not be ignored, "safety production law" double compensation: Guangdong super 670000, the highest possible up to 3450000!

  (a) production safety accident death who enjoy double right treatment of inductrial injury insurance and civil compensation of casualties,                   
   Is the NPC Standing Committee promulgated the "safety production law" the basic rights given,                                   
   The State Council shall carry out, without the interpretation or dispatch (fine sounding name, but improve the adjustment of lower)!                 
   The people's Republic of China production safety law "stipulates that the forty-eighth June 29, 2002 ninth session of the National People's Congress Standing Committee of the twenty-eighth meeting of the implementation, since November 1, 2002": "for production safety accident damage to personnel, in accordance with the law to enjoy social insurance, the right to compensation in accordance with the relevant civil laws have, have the right to put in a claim for compensation to the unit."
   Similarly, in October 27, 2001 ninth session of the National People's Congress Standing Committee of the twenty-fourth meeting of the implemented from May 1, 2002, "the people's Republic of China occupation disease prevention law" fifty-second article: "occupation disease patients in addition to enjoy social work-related injury insurance according to law, in accordance with the relevant civil law, still have the right to compensation, have the right to put forward a claim for damages to the employer."
   A double compensation rights, "head of the Supreme People's Court on answer the reporter asks" clear:"...... In judicial practice, there is a problem has long been controversial, is the employer other than the third person tort cause laborer inductrial injury of how to deal with, whether can enjoy inductrial injury treatment in civil tort compensation? The judicial interpretation of the sixth article,...... That is to say, no matter what the cause of injury, injured workers (including workers killed close relatives) can enjoy the treatment of work-related injuries in accordance with the law."
   In addition, (2006) for his No. Twelfth "the Supreme People's court for third people caused by the injured worker or their relatives in the civil compensation is also get inductrial injury insurance compensation issues" clear reply: "according to the" Regulations of the people's Republic of China production safety law "forty-eighth article and the Supreme People's court" about issues concerning the application of law in the trial of personal injury compensation case interpretation "in article twelfth, because third people caused by industrial workers or their close relatives, get the civil compensation from the third party, in accordance with the" industrial injury insurance regulations "in article thirty-seventh, to the industrial injury insurance institutions for treatment of inductrial injury insurance compensation."

  (two) double the amount of compensation is high?
   Guangdong double compensation based volume exceeds 670000! The highest possible up to 3450000!
   For example: the general area of Guangdong Province in 2010 (non SEZ) production safety accidents. The dead (quasi by urban residents identity) double compensation:
   A, treatment of inductrial injury insurance (2670762.50 yuan):
  (1) funeral subsidies: urban areas the average annual wage workers * six month =40775 yuan / 12 months × 6 month =20387.5 yuan;
  (2) family support benefits (CAP): workers wage (more than three times the average wage, according to calculation; less than three times the average wage of 60%, by 60%) * (30%+ 30%+ or other relatives of spouse lonely orphan (40%) proportion of the total should not be higher than the death of employees' wages 100% * * kin) number of workers who provide the main source of livelihood and no labor ability age ≤ 40775 yuan *3 times *100%*20 years =2446500 yuan;
  (3) the death of a one-time grant workers: urban areas the average annual wage workers * sixty month =40775 yuan / 12 months *60 months =203875 element;
   Two, civil tort compensation (up to 789032.10 yuan):
  (1) the funeral expenses: 6 month * year worker is mean monthly salary =40775 yuan / 12 months × 6 month =20387.50 yuan;
  (2) the death compensation: per capita disposable income of urban residents (not per capita net income of rural residents) *20 years *20 years =431494.40 yuan =21574.72 yuan;
  (3) living expenses for dependents (CAP): per capita consumption expenditure of urban residents (not according to rural residents per capita living expenditure) / * Number * number of maintenance obligations raise raise age ≤ 16857.51 yuan /1 *1 *100%*20 years =337150.20 yuan.
   To sum up, the above two treatment of inductrial injury insurance and tort compensation, worker dead double compensation may be as high as 3459794.60 yuan!
   Even if not included in the support pensions and family living expenses for dependents, double compensation basic amount is as high as 20387.5 yuan +203875 yuan +20387.50 yuan +431494.40 yuan =676144.40 yuan!

   Considering such a huge amount of compensation, as employers, hand for all employees fully participate in social security, on the other hand, in order to production safety, it is very important!

  (three) the State Administration of work safety has long failed to execute "double compensation provisions of the production safety law",
   Subjective safety accidents and connivance,
   The objective of administrative omission.
   Remember in 2004, Shaanxi coal mine production safety accidents frequent, director of the State Administration of work safety Li Yizhong in a high-pressure situation, production safety accidents will be several major mine (also belong to inductrial injury) in damages from the original 200000 yuan unity has been raised to 400000 yuan. High pressure containment and that the major mine disaster, the Chinese people all over the country.
   At that time, the blogger had sent a letter to the director of the State Administration of work safety, Mr Li Yizhong points out, the production safety law "provisions of the double compensation in accordance with the", major accident death, enjoy the treatment of work-related injuries and civil compensation dual rights, the compensation amount is far higher than the 400000 yuan (the specific amount of compensation may see the calculation).

   (four) as the Shaanxi land and Resources Department of this administrative organ,
   Openly rejected two level court verdicts,
   Contempt of the legislature, judicial organs nature be nothing difficult (trial).
   According to reports, the Shaanxi land department held a "coordination" veto two level of courts in mineral rights dispute case verdicts (Yulin City Intermediate People's court decision, the Supreme Court ruled that the province), caused the group went to Hengshan County, Yulin City, the town of Shandong coal mine and the Baltic Zhen fan he Cun, led to personal name worth several billion yuan of the collective property.

  (five) die!
   The new "tort liability act" and a small hole!
   In December 26, 2009 eleventh session of the National People's Congress Standing Committee of the Twelfth Meeting of the implemented from July 1, 2010, "the people's Republic of tort law" seventeenth article: "multiple deaths caused by the same tort, compensation for death can be determined in the same amount." Although this is generally regarded as the same accident "equal life compensation" positive breakthrough, but also be interpreted as a major safety accident "package" death compensation rules.
   In view of this "the same amount" is not clear "high" or "low"? It can break the "bottom line"? If by administrative organs in the treatment of major security incidents in a good reference, it undoubtedly will become a "tort liability act" and an action is not small hole.

  (six) accessories: Notice of the State Council on Further Strengthening the work of safety in production: the (2010) No. 23
   Article twenty-thirdThe one-time compensation standard industrial accident death. From January 1, 2011 onwards, in accordance with the "Regulations" provisions on work-related injury insurance, death caused due to a production safety accident of the workers, the death of a one-time grant workers for the adjustment of the standard 20 times calculated according to the annual per capita disposable income of urban residents, giving workers killed close relatives. At the same time, to ensure that workers killed one-off funeral allowance, dependent relatives pension payment.
Administration of work safety Huang Yi (answer reporter):... A greatly increased the amount of compensation. 2004 implementation of the "industrial injury insurance regulations", the death of a one-time grant workers, according to the local 48 - 60 average wage is calculated, and the national average of up to 150000 yuan. "Notice" clear the death of a one-time grant workers adjust for 20 times according to the country last year, per capita disposable income of urban residents. After calculation, according to the 2009 annual national average per capita disposable income of urban residents 17175 yuan, the national average one-time grant workers perish for 343500 yuan, compared to the original regulations doubled over, plus practice at the same time grant and bereavement subsidy (in support of 2 relatives measure), three the total is about 618000 yuan. The first two items for the one-time expenditure, after a press workers killed population supported long-term, monthly payment.

   (seven) Note: This law case, see the:

   "Industrial injury, third person tort, personal accident insurance" million compensation comprehensive case