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2020-01-07 23:33   来源:  www.alemdojogo.com   评论:0 点击:



On the morning of the 3rd, Deng Lanbing, the son of Deng Shiping, a victim of Hunan's \"playground burial case,\" was told by the newspaper that he and his lawyer had formally submitted the application form for the identification of work-related injuries in the new Dong Autonomous County, the\" attorney's opinion \"and related evidence to Deng Shiping's former unit, the No.1 Middle School of New Huang County, by express delivery. Then, through its unit formally to Xinhuang Dong Autonomous County Human Resources and Social Security Bureau to the \"Deng Shiping teacher work injury (death) application.\" According to previous reports, the huaihua city intermediate people's court has been \"playground burial case\" defendants du shaoping, luo guangzhong intentional homicide sentence in court; jingzhou miao autonomous county people's court has been behind the case \"umbrella\" related public officials dereliction of duty case. News of the Volkswagen Daily News January 3(Reporter Wu Junlin)


Zhou Zhaocheng, an attorney for the victim's family, said that on June 23,2019, after the identification of the remains of the new swinging No.1 playground as Deng Shiping, he flew to Xinhuang, Hunan Province, on behalf of the victim's Deng Shiping family, and exchanged views with the current main leaders of the No.1 Middle School in Xinhuang County and the main leaders of the Human Resources and Social Security Bureau of Xinhuang Dong Autonomous County.


Zhou Zhaocheng said that the facts of the "playground burial case" case have been found out,16 years ago Xinhuang No.1 middle school worker Deng Shiping in charge of project quality management, due to the quality of the project in the work, resist the bean curd project, thus offending the construction side – du Shaoping, Luo Guangzhong, was finally killed. This is in full compliance with the relevant provisions of Article 14 of the regulations on Industrial injury Insurance of China. Therefore, teacher Deng Shiping's application for work-related injury (death of work) has full factual and legal basis.


According to Article 14 of the Regulations on Industrial Injury Insurance of China, workers in any of the following circumstances shall be deemed to have suffered work-related injuries:(3) in the working hours and in the workplace, such accidental injuries as violence resulting from the performance of their duties; at the same time, according to the 2006 letter of the General Office of the Ministry of Labour and Social Security on the interpretation of the relevant provisions of the regulations on industrial injury insurance (letter [2006]497 of the Office of Labour and Social Welfare), violent injury due to the performance of their duties is a causal relationship with the performance of their duties.


Zhou Zhaocheng analysis said that in this case, the victim Deng Shiping in the work of violence injury, rather than in the school as the quality supervision and management of infrastructure projects in strict supervision of the quality of the project, there is a direct causal relationship between the corruption in the process of construction firmly resist. Therefore, there are sufficient facts and legal basis for the application for industrial injury identification put forward by the close relatives of the victim Deng Shiping.


Zhou Zhaocheng said that the Bureau of Human Resources and Social Security of Xinhuang Dong Autonomous County, after receiving the Application of Miss Deng Siping for Industrial Injury (Death from Work), should handle the matter according to Article 20 of the Regulations on Industrial Injury Insurance of China, that is,\" the administrative department of social insurance shall, within 60 days from the date of accepting the application for industrial injury identification, make a decision on the determination of industrial injury and notify in writing the worker applying for industrial injury identification or his near relative and the unit where the worker is located. The administrative department of social insurance shall, within 15 days, make a decision on the determination of work-related injuries if the facts are clear and the rights and obligations are clear. Thus, the xinhuang dong autonomous county human resources and social security bureau will soon be \"teacher deng shiping industrial injury (death) application\" according to the law.


In accordance with Article 39 of the Regulations of China on Industrial Injury Insurance, the standard of compensation shall be as follows: if an employee dies as a result of work, his or her near relatives shall, in accordance with the following provisions, receive a funeral grant, a dependant's pension and a one-time death benefit from the work-related injury insurance fund:(1) the funeral grant shall be the average monthly salary of the staff and workers in the area as a whole for six months. (2) Pensions for supporting relatives shall be paid to relatives whose main sources of subsistence and inability to work as a result of work and death at a certain proportion of their own wages. The criteria are:40 per cent per month for spouses and 30 per cent per person for other relatives. (3) The one-time death toll allowance is 20 times the per capita disposable income of urban residents in the previous year.