[Case Summary]This case is a labor dispute involving compensation for work-related death. The worker, Chen Dashan, had only been employed for over ten days when he died from a sudden illness at work. His mother, Li Huqin, his wife, Liu Min, his son, Chen Ming, and his daughter, Chen Li, jointly entrusted the Beijing Henglu Law Firm to handle the case.Chen PingThe lawyer applied for arbitration to the Chaoyang District Labor and Personnel Dispute Arbitration Committee in Beijing, demanding the payment of a one-time work-related death compensation of 1,036,400 yuan, funeral compensation of 67,820 yuan, and dependents' pensions. The arbitration committee accepted the work-related injury identification certificate and ruled that Company A should pay funeral compensation of 67,820 yuan, a one-time work-related death compensation of 1,036,420 yuan, and Li Huiqin's pensions of 72,000 yuan. The core disputes are whether it constitutes a work-related death, the subject of work-related injury insurance liability, and the qualification of dependents. Applicable laws: Article 15 Paragraph 1 Item 1, Article 39 etc. of the "Regulations on Work-related Injury Insurance".

I. Review of the case

"Is sudden death due to illness during the first few days of work considered a work-related injury?" "The compensation standard for work-related deaths in 2024" and "Who will compensate for work-related deaths if social insurance has not been paid?" are the most concerned issues for families of victims of work-related deaths. Chen Dashan joined Beijing A Construction Labor Co., Ltd. as a general worker on February 25, 2024, and died from a sudden illness at work on March 8, 2024, just over ten days after starting work. His immediate family members, Li Huqin (mother), Liu Min (wife), Chen Ming (son), and Chen Li (daughter), jointly entrusted Beijing Henglu Law Firm to handle the case.Chen PingThe lawyer filed an arbitration case with the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Committee, demanding that Company A pay a one-time work-related death compensation of 1.0364 million yuan, a burial compensation of 67,800 yuan, and a pension for Li Huiqin's dependents of 7,200 yuan.

II. The focus of the case

  • Focus 1: Whether Chen Dashan constitutes a work-related death.The lawyer submitted the "Decision on Work-Related Injury Identification", which clearly stated that the employee met the requirement that "sudden death from illness during working hours and at the workplace" is deemed a work-related injury.
  • Focus 2: Who should bear the responsibility for work-related injury insurance?Company A failed to pay social insurance in accordance with the law, resulting in the inability to pay benefits from the fund. Should the employer directly compensate, or should the contractor bear the responsibility?
  • Focus 3: Whether Li Huijin meets the eligibility criteria for being a dependent relative.Is it in accordance with the conditions for supporting relatives set forth in the "Regulations on Work-Related Injury Insurance" for her, who is 55 years old, lives with Chen Dashan and is supported by him?

III. Professional intervention by Hengluo Lawyers

The plaintiff (relatives) claimed that:Attorney Chen Ping submitted the "Decision on Work-Related Injury Identification" to the Chaoyang District Human Resources and Social Security Bureau, confirming that Chen Dashan died from work-related causes and was deemed to have suffered a work-related injury; A Company's failure to pay social insurance contributions resulted in the work-related death benefits not being paid by the fund, and the employer should compensate directly; Li Huiqin submitted the "Certificate of Relationship" from the village committee, confirming that Chen Dashan supported her and that she was over 55 years old, meeting the requirements for a dependent relative.

The defendant (Company A) argued that:Company A acknowledges the authenticity of the work-related injury certification, but argues that there is a time difference between the actual date of Chen Dashan's death on March 10, 2024, and the date specified in the certification on March 8. The company has already filed an administrative lawsuit to request a suspension of the hearing. The company also claims that the employer has "paid in advance" for the work-related injury insurance, and that the fund refused to compensate because the employer failed to cooperate in submitting the supplementary documents for the project delay. The company argues that the responsibility should be borne by the employer. The company denies that Li Huiqin was solely supported by Chen Dashan, but failed to provide counter-evidence.

Hengluo Lawyer's Agency Opinion:Chen PingThe lawyer pointed out that the decision on the identification of work-related injuries takes effect once it is issued, and the execution of the decision will not be suspended during the review and litigation process. The arbitration committee should accept the claim for compensation for work-related injuries; A Company, as the employing unit, failed to provide valid evidence to prove that the work-related injury insurance had been actually paid and met the compensation conditions, and should bear the consequences of failing to provide evidence and pay the compensation for work-related injuries; unless there is evidence to the contrary, Li Huqin's qualification as a dependant is established. The arbitration committee supported the lawyer's claim.

IV. Outcome of the case

The Chaoyang District Labor and Personnel Dispute Arbitration Committee ruled that A Company should pay: funeral subsidies of 67,782 yuan; a one-time work-related death subsidy of 1,036,420 yuan; and a dependents' pension of 7,200 yuan for Li Huiqin from March 11 to July 10, 2024. The arbitration committee confirmed that the work-related injury certificate had identified Chen Dashan as having died from a work-related injury on March 8, 2024, and that A Company should bear the employer's compensation liability. All the requested amounts are not higher than the statutory calculation amounts and are all supported by the arbitration committee.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmChen PingThe attorney (practice license number: 11101201411619680, subject to the document issued by the judicial administrative organ) acts as the agent. Beijing Hengluo Law Firm specializes in criminal defense, land expropriation and demolition, marriage and family affairs, real estate disputes, creditor's rights and debts, and other litigation and non-litigation fields. It always maintains the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

VI. Compensation for Work-Related Deaths and Common Questions About Labor Disputes FAQ

  1. Q: If an employee dies from a sudden illness just over a dozen days after starting work, does this count as a work-related death?
    A:According to Article 15 of the Regulations on Work-Related Injury Insurance, if an employee dies from a sudden illness at work or within 48 hours after being rescued without success, it shall be deemed a work-related injury. The length of employment does not affect the determination of work-related death.
  2. Q: If the unit does not pay for work-related injury insurance, who will cover the compensation for work-related deaths?
    A:If the employer fails to pay the work-related injury insurance premiums in accordance with the law and an employee dies in a work-related accident, the employer shall pay the compensation in accordance with the items and standards of work-related injury insurance benefits, and the costs shall not be transferred to the fund or the contractors.
  3. Q: What is the approximate amount of the one-time work-related death compensation in 2024?
    A:The standard is 20 times the per capita disposable income of urban residents nationwide in the previous year. In this case, the calculation is 1036420 yuan, and the specific amount will be adjusted according to the annual statistical standards.
  4. Q: Which relatives are eligible to receive the dependent relatives' pension?
    A:For the relatives of workers who died at work and who were the main sources of their livelihood before their death and who are unable to work, such as spouses, parents (men aged 60 and women aged 55 or who have completely lost their ability to work), and children, a monthly allowance will be paid to them at a certain percentage of the worker's salary.
  5. Q: What should I do if the time of death determined by the work-related death identification differs from the time of death stated by the company?
    A:The decision on the determination of work-related injury becomes effective once it is issued by the administrative authority, and its execution will not be suspended during the litigation or review period. Generally, the time difference between the determination and the actual date of death does not affect the determination of work-related death, and the arbitration tribunal and the court usually accept the determination decision as evidence.