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Social security case analysis: what should I do if I collect the compensation for work-related death?
Social security case: what should I do if I collect the compensation for work-related death on my behalf?

Recently, Chen Xuefei, a citizen of Wuchang, told reporters that the Education Bureau of Wuchang illegally distributed the compensation (compensation) for her father Chen Yinghua's work-related death, which made her unable to receive the relevant compensation as the first heir.

On September 12, Chen Yinghua, a teacher from wuchang city Changshan Central School, rode a motorcycle home after work and died in a traffic accident on the way. Wuchang city Changshan Township Central School applied for work-related injury identification for Chen Yinghua's death according to law. On July 10, Harbin Human Resources and Social Security Bureau legally recognized Chen Yinghua's death as a work-related injury. According to the provisions of Article 39 of the Regulations on Work-related Injury Insurance, if an employee dies at work, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions. After accounting, it is 446,534.00 yuan. Chen Yinghua's parents have passed away, and now she has a daughter Chen Xuefei and her remarried spouse Wang Shuhua. They both agreed to pay compensation.

In Chen Xuefei, I contacted the Education Bureau of wuchang city and asked her and her stepmother Wang Shuhua * * * to be present to receive compensation, but they were rejected. After she returned to Wuchang, Wang Shuhua took the money. As the first heir, Chen Xuefei thinks that distribution can only be made when she and her stepmother are present at the same time, but the school said that when Wang Shuhua received the money, she had declared that all the consequences would be borne by herself, that is, the matter had nothing to do with the school.

In addition, Chen Xuefei told reporters that the previous compensation materials for work-related injuries were all declared by Chen Xuefei and Wang Shuhua. According to the normal procedure, all the compensation should be allocated by wuchang city to Changshan Township Education Office, and both of them were present to collect it. However, in the actual distribution process, the Education Bureau informed Changshan Township Central School to pay Wang Shuhua in advance seven days before the financial allocation was in place. Later, I visited the wuchang city Education Bureau many times, and a deputy director surnamed Xie said that there is no law that the stepmother cannot collect compensation alone.

Li Bin, a lawyer of Beijing Zhongshengsheng Law Firm, believes that the school requires Wang Shuhua to write a statement of all responsibilities, which is equivalent to the school knowing that this matter is not in compliance and shirking its responsibility through the payment statement. This interpretation is not legally binding on Chen Xuehua, an unwitting third party. At the same time, according to Article 39 of the Regulations on Work-related Injury Insurance, the above-mentioned 446,534.00 yuan shall be paid separately according to the agreement after Wang Shuhua and Chen Xuefei, both in the first order, reach a distribution agreement through consultation; If Wang Shuhua and Chen Xue cannot reach a distribution agreement through consultation, in the litigation between Wang Shuhua and Chen Xue, after the people's court decides to distribute the shares, it will pay according to the effective judgment of the people's court.

To this end, the reporter contacted Tong Haibo, head of the Personnel Unit of wuchang city Education Bureau, one of the participants. He said that Deputy Director Xie, who is in charge of this matter, is in a meeting and will call the reporter back this afternoon, but as of press time, no one has replied to this matter for several days.

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