In order to determine what kind of compensation the victims will receive, we first need to review the basic situation:
The accident occurred in June 65438+ 10 1 1. At 7 o'clock in the morning, a commuter bus of Ye Jing Group in Pingshan County, Shijiazhuang City, with a nuclear load of 55 people and a real load of 5 1 person, fell into the water when crossing the bridge. On the same day 19, that is, 12 hours later, * * * rescued 50 people, of whom 37 were safe (29 people have returned to work, 7 people are under observation in the hospital, and their vital signs are stable. 1 The driver involved was controlled according to law).
Let me analyze the compensation for the accident according to the accident:
First, who will pay the bill? This is probably the most interesting question for everyone.
The accident happened at 7 o'clock in the morning, and it was a commuter car of the enterprise, so the people in the car were basically on their way to and from work when the accident happened.
Therefore, if this accident can be identified as a traffic accident that is not the victim's main responsibility, compensation can be made through work-related injury insurance.
Some people may think that this accident is not a traffic accident because there is no vehicle collision, which is incorrect.
According to Article 119 of the Road Traffic Safety Law, a "traffic accident" refers to an incident that causes personal injury or property loss on the road due to the fault or accident of a vehicle.
In other words, a traffic accident mainly depends on two factors, one is whether it happened on the road, and the other is whether it caused personal injury or property damage.
As for whether it is caused by a vehicle collision, it is a necessary condition to identify it as a traffic accident.
In fact, traffic accidents also include unilateral traffic accidents, that is, traffic accidents that do not collide with other vehicles.
The accident happened on the bridge, belonging to the highway. At present, it has caused many deaths, which meets the conditions of traffic accidents and belongs to unilateral traffic accidents.
The people who died in this accident belong to passengers. There can be no fault in this accident, so it is impossible to bear the responsibility for the accident. Therefore, in line with the conditions for the identification of work-related injuries, these deceased should be identified as work-related injuries.
According to the law, industrial injury compensation is paid by the industrial injury insurance fund. If the enterprise fails to purchase work-related injury insurance for its employees, the enterprise shall make compensation according to the compensation standard of work-related injury insurance.
Ye Jing Group, the enterprise where the accident happened, belongs to a large private enterprise and should not save the money. Therefore, this compensation will be paid by the industrial injury insurance fund with a high probability, and the enterprise does not need compensation.
But I believe that morally speaking, it is impossible for an enterprise not to pay a little compensation.
Second, how much can you compensate? According to the Regulations on Work-related Injury Insurance, compensation for work-related death includes three items:
First, funeral subsidies. According to the average monthly salary of employees in the previous year, that is, the average monthly salary of employees in the region, six months is half a year. Because there is no statistical data of Shijiazhuang, there is no accurate data, but it should be around 30 thousand yuan.
The second item, the pension for supporting relatives, is a pension for the relatives who need to support before the victim's life. The standard of support is inability to work, and the victim mainly provided livelihood before his life. There is no such thing if there is no close relative who needs to be supported before his death. This fee is paid monthly. According to the monthly salary of the victim before his death, the monthly salary of the spouse is 40%, that of other relatives is 30%, and the widowed old man or orphan is increased by 10% on the basis of the above standard, which cannot exceed the monthly salary of the victim before his death.
The third item, one-time work-related death subsidy, is unified throughout the country and calculated according to 20 times of the per capita disposable income of urban residents in the previous year. The latest data show that the per capita disposable income of urban residents in China last year was 43,834 yuan, 20 = 876,680 yuan.
Therefore, without considering the pension for supporting relatives, each family member of the victims can get about 900,000 yuan in compensation for work-related injuries. If the enterprise pays another 654.38+ten thousand yuan, then everyone can get compensation of 1 ten thousand yuan.
It will cost tens of millions in total!
But no matter how much money is paid, I believe that family members are unwilling to ask for money, and even if they can buy back the victims, they are willing to spend money.
I still hope that the majority of drivers and friends can be safe first, drive carefully, and never play with human life.
13 people were killed when the commuter car overturned in Hebei. What kind of compensation can the victims get? If the commuter car itself has vehicle insurance and operation-related insurance, it mainly has vehicle insurance to provide compensation. Secondly, if the commuter bus driver explains the illegal driving behavior, the driver should also bear the corresponding responsibility and make some compensation.
In addition, there are insurances such as accident insurance purchased by these passengers, and related compensation can also be made. In addition, relevant government departments and other charities may give some subsidies.