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EMU damages caused by food for thought: Hardware industry compensation system to be improved

   Analysis of the legal profession for compensation scheme

    For July 23, 2011 motor car rear-end accident victims compensation agreement first came out, the Shanghai State Lawyer Ding Jinkun Financial Network yesterday issued a personal blog, "The motor car accident compensation scheme Wenzhou analysis" of a text.

    1. Compensation 450,000, Zhejiang Province, road traffic fatalities than 547,180 yuan compensation for the low (not including funeral expenses 1.5325 million), the State Department "rail accident investigation and handling of emergency relief and regulations" the $ 150,000 cap compensation higher than that of the 960,000 yuan Yichun crash standards lower.swing chain According to the "2010 Zhejiang Economic and Social Development Statistical Bulletin", Zhejiang Province, the per capita disposable income of urban residents and 2.7359 million, compensation for death is 20 years of disposable income is 547,180 yuan. Funeral expenses in accordance with the previous year, Zhejiang average monthly wages (30,650 yuan / 12 months) calculated for six months, that is, 1.5325 million yuan.

    (2) The right to compensation (ie recipients), is heir to the deceased. Agreement, if there are several heirs, should all agree to sign, part of the agreement, only part of the sign, can not agree to the court for compensation. About heir, came in first order is spouse, children, parents, and the second order is brothers and sisters, grandparents. Start with the first order of succession, the second order is not inherited. Successor within the same sequence position are equal.

    3. The compensation does not include compensation for moral damage is a major flaw. Tort law provides for mental damages,iron chain specifically how much discretion from the judiciary. Shanghai court with reference to judicial practice, mental damages generally below 50,000 yuan, 10 yuan special circumstances.

    4 The lower part of the compensation baggage charges. Modern travel, a mobile phone, a camera on the thousands, plus carry bag, clothes and luggage, etc., set down from several thousand to more than a million. Therefore, where appropriate, add baggage fees can be $ 5,000.

    5 The compensation agreement in the "incentive fee", names obviously inappropriate. Reminiscent of the relocation compensation, the first move of a reward. In fact, compensation for accidents on the premise that informed the truth, if not the truth, the compensation money is to simply leave it alone, it would hurt the feelings of the community and the families of the victims.

    In summary, the low overall compensation package, even if the reference accident damages, and also add 63,000 yuan, plus moral damages fee of 10 million, and baggage charges $ 5,000 (more than a total of 168,000 yuan), then plus 45 million and total compensation of 61.8 million square as the basic fair.

    Hardware industry accident compensation system needs improvement

    People in this sad accident, the compensation system for the improvement may be an effective way to reduce one of sorrow. We all know that the hardware industry, frequent accidents, such as electrical short circuit caused an explosion, high above the ground fall, cutting mechanical wounding ... ... frequent accidents illustrates the hardware companies to establish a sound safety management system, strict security procedures and strengthen Hardware equipment to maintain the importance of routine inspection. Relevant regulatory authorities in the regulatory functions of colleagues do, should step up publicity to further improve the hardware business or the construction unit of alert awareness, enabling them to better grasp the rule of law and safety of daily security management knowledge, behavior and standards, avoid accidents.

    For the hardware industry, small and medium-sized, while the hardware industry how to improve the compensation system, but also business owners should think about and implementation issues.

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