"Son -in -law" was injured and killed, and his father -in -law and mother argued for compensation. The court sentenced!

Changsha Evening News, Changsha, September 1st (all media reporter Liu Shuyuan correspondent Yang Yanru) "came to the door son -in -law" worker injury to death, his father -in -law and biological mother even scrambled to compensate. Today, Hunan High Court notified a case involving compensation allocation.

"On -site son -in -law" workers' compensation compensation caused two disputes

The plaintiff Deng was born in 1935 and had three sons with two husbands. Due to the poor family, the second son, Li, married Yao in 1984, and "entered" the rural customs to Yao's house. Because Yao's parents had five daughters, and the rest of their daughters had married, Li moved the hukou to Yao after marrying Yao, and lived with Yao's parents. Li and Yao had two sons after marriage, namely Xiaoming and Xiaotian.

At 9 o'clock on May 14, 2021, Li was repaired for the roof of a company's factory building. During the high -altitude operation, he unfortunately killed. On May 15, 2021, Xiaoming and Xiaotian reached a compensation agreement with a company. A company's one -time compensation for Li's family members of Li's death was 820,000 yuan, such as Li's death, family members' pensions, and funeral expenses. After signing the compensation agreement, the company has paid all 820,000 yuan in compensation to Xiaoming, Xiaotian and Yao. Yao only gave Li's mother Deng 10,000 yuan in compensation.

Because Deng and Yao, Xiaoming, and Xiaotian, Deng Mou had no consensus on the amount of compensation, the plaintiff Deng Sui sued the People's Court of Xinhuang Dai Autonomous County to ask for division of the compensation. During the trial, the case in accordance with the defendant's application, the third party of the case was added in accordance with the law to participate in the lawsuit.

It was also found that when the third person of this case, the father -in -law of Li, Li, when Li "entered" Yao's house, Li and Yao's parents signed the "Men to the male to the clan and the brigade staff under the witness of the clan and the brigade staff. "The woman settled in the agreement", the agreement stipulated that Li and Yao were responsible for the birth of the old Yao and his wife. After the old Yao couple returned to the world, Li and Yao and his wife obtained the legacy of the old Yao couple. However, the above agreement was not signed by Li and Yao. The defendant Yao is now 57 years old and is mainly a housewife at home. Life mainly comes from the income of the deceased Li. Xiaoming and Xiaotian have become adults. The plaintiff Deng has always followed the young son's family. Li's biological father, stepfather, and mother -in -law have died. In addition, after Li's death, Yao, Xiaoming and Xiaotian spent more than 60,000 yuan in funeral. The plaintiff Deng and the defendant Yao had no objection to the compensation agreement signed by Xiaoming, Xiaotian and a company.

The court ruled that the biological mother received more than 150,000 yuan in compensation

After the court trial, the "Compensation Agreement" signed by the defendant Xiao Ming, Xiaotian and a company was the true meaning of the two parties. Deng and Yao had no objection to the agreement, and the agreement did not violate the mandatoryness of relevant laws and administrative regulations. It should be determined to be valid. The above compensation should actually include death compensation, living expenses, funeral expenses, etc. The plaintiff Deng, as the mother of the deceased Li, has the right to claim to divide the above compensation.

Regarding whether the third person, Lao Yao can get the above compensation, Xinhuang Court believes that the signature of the "Men to Women's Settlement Agreement" submitted by Yao did not sign a legal effect on Li, and the old man did not have legal effect, and the old old man was old, and the old old man was old, and the old old man was old, and the old old man was old, and the old old man was old, and the old old man was old, and the old old man was old, and the old old man was old, and he was an old man. Yao Yao has five daughters and five daughters have legal support obligations. Therefore, Lao Yao is not the supporter of Li in the legal sense. And because the father -in -law's father -in -law's father -in -law is not a close relative in the legal sense, he has no right to allocate Li's death compensation.

The compensation that the plaintiff Deng should receive is composed of two parts: the living fee and death compensation of the supporter. Regarding the living expenses of the supporters, referring to the relevant provisions of the Ministry of Labor and Social Security of the People's Republic of China, the relevant provisions of the Ministry of Labor and Social Security, "Regulations on the Scope of Supporting relatives due to workers' deaths", the plaintiff Deng and the defendant Yao Mou, which meets the living expenses of the supporters in this case. Deng's living expenses of the supporter were 24,957 yuan, and Yao's living expenses were 99,827 yuan. Death compensation is an economic and spiritual compensation to the dead of the deceased or a person with a relationship. The principle of allocation should be appropriately allocated according to the tightness of life with the deceased and the dependence of the deceased.

本案中，李某的死亡赔偿金应由赔偿款减去开支的丧葬费、邓某和姚某的被扶养人生活费后组成，即635216元，且有权分得该款的人应为死者李A close relative, the plaintiff Deng and the defendant Yao, Xiaoming, and Xiaotian. For the division of this model, the deceased Li has been living in the woman's home since 1984. Yao, as the wife of the deceased, has the most mental injury, and his main life comes from the income of the deceased Li. Therefore ; The plaintiff Deng was high, and it was Li's biological mother, so he could be appropriate; the defendant Xiaoming and Xiaotian were adults and should be appropriate.

Based on the above situation, the court's distribution of the above payments as appropriate is: Yao should get 255,216 yuan, Deng should be divided into 140,000 yuan, and Xiaoming and Xiaotian should have a score of 120,000 yuan each. In total, the compensation that Deng should have shared was 164957 yuan (140,000 yuan+24957 yuan). Because the defendant Yao had paid Deng's 100,000 yuan compensation, the defendant Yao, Xiaoming, and Xiaotian should pay Deng 154,957 yuan in compensation.

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