Can Death Be Double Paid In Traffic Accidents?

Lin's wife worked in a passenger company selling tickets. Unfortunately, she died in a traffic accident in May last year.

The two sides reached an indemnity agreement, and the accident party made a one-time compensation for her funeral expenses, death compensation, mental solatium and other expenses of more than 20 yuan.

Because the passenger company did not deal with work-related injury insurance for Lin's wife, Lin asked the passenger company to pay funeral subsidies, support relatives' pensions and work death subsidies, and the passenger company refused to pay compensation on the grounds that Lin had already obtained the traffic accident compensation of the accident party.

Lin applied for arbitration to the local labor dispute arbitration committee, and the Arbitration Commission decided that the passenger company should pay industrial injury to Lin.

The passenger company refused to accept the lawsuit.

After hearing the court decision, the passenger company paid Lin's dependant pension and one-off labor subsidy to Lin, and did not support Lin's request for funeral grants.

The twelfth interpretation of the Supreme People's court's interpretation of several issues concerning the application of laws in cases of compensation for personal injury stipulates that workers who are employed by employers in accordance with the law of industrial injury shall be subjected to personal injury due to industrial accidents, and the workers or their close relatives shall appeal to the court for the civil liability of the employer.

Inform the State Council of the

"Regulations".

The court shall support the third party who is responsible for civil compensation for the personal injury caused by the infringement of the third party other than the employer.

It can be seen that the right holder of compensation claims to the third party for tort compensation, and it can coexist with the treatment of work-related injury insurance, and there is a complementary relationship between them.

However, the same compensation items claimed by the obligee shall not be obtained.

It only has the right of compensation for different compensation items.

According to the provisions of articles seventeenth to thirty-first of the interpretation, the infringed party may claim compensation liability for infringements on items such as medical expenses, delay in work expenses, nursing expenses, pportation expenses, lodging fees, allowance for hospitalization meals, necessary nutritional expenses, compensation for disability (death), mental injury solatium, living expenses of dependants, disability assistive devices and funeral expenses.

The thirty-ninth article and first paragraph of the regulations on industrial injury insurance stipulates: "for workers who died due to work, their close relatives received funeral subsidies, family pension and one-off subsidy for work losses according to the following provisions.

There is a competition between the two items in terms of medical expenses, nursing expenses, food allowance and so on. Competing projects should not be "double claims", and different projects should be complementary.

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Electrician zhengmou in the workshop duty during drinking and sleeping after drinking, resulting in the loss of equipment, the unit lifted the labor contract, but Zheng believes that he is not a custodian, no regulatory duties on goods, the unit is an illegal termination of the contract.

Can Zheng's proposal get legal support?

Zheng went to work in a Weihai company in July 1991 and was appointed electrician in the machine repair workshop. The two sides signed a fixed term labor contract.

In October 11, 2015, zhengmou was on duty and slept during the shift after drinking at noon. At this time, another worker of the workshop, Sun Mou, walked away from the machine repair shop without a motor repaired.

In December, the company learned the above information through investigation, and told the union that he had too much alcohol during his duty, failed to supervise the workshop items, and seriously dereliction of duty and extremely bad influence, and relieved Zheng's labor contract.

Zheng believed that he was an electrician and had no supervisory duties on the workshop items. The company's rescission of the labor contract violated the legal provisions and applied for labor arbitration, requiring the company to pay compensation.

After the ruling of the Arbitration Commission, he refused to accept the case and filed a lawsuit with the Huancui District Court of Weihai.

The court found that the sixty-second rules and regulations of the company stipulated that the unit could terminate the labor contract: violating labor discipline, working on the Internet, drinking, playing games, playing cards and playing mahjong at work time.

The machine repair workshop management system stipulates that the duties of the workshop include: maintenance, installation and demolition of equipment, facilities and so on.

The court held that although the duties of electricians and storekeepers were different according to their division of work, no matter which workers were on duty, they were responsible for the protection and supervision of the equipment in the workshop when they were on duty.

When Zheng was on duty, he violated the rules and regulations to drink and went to sleep after drinking, and was negligent in supervision, resulting in the loss of equipment in the workshop. The behavior of the company was a serious violation of labor discipline. The company relieved its labor contract in accordance with the law, and Zheng asked for no evidence of compensation.

Accordingly, the court decided to reject Zheng's claim.