Death compensation! It's urgent !

First of all, I would like to express my condolences to your uncle's family! Secondly, the relationship is complicated: first, the contractual relationship between your uncle and the employer; Second, the employment relationship between your uncle and two workers; Third, the infringement relationship between the employer and your uncle and two laborers; Let's put aside the first two relationships (in fact, in the final analysis, it is an infringement relationship, and now it is manifested as an employer's compensation relationship for three people); Third, according to the materials you provided, the employer has a major fault (1 the employer has to use hollow bricks; Some soil was brought in and planted above the cellar; The employer didn't tell your uncle and the workers about cultivating the soil in advance.

Now let me answer your questions: first, you should often go to the public security organs and ask them how to deal with them; If the public security organ doesn't handle it, 1 go to court directly, and 2 report it to the superior of the public security organ who adjusted the difference (this is not recommended); Second, since negotiation fails, you can go to court to sue, and the three of you can sue the employer together with the defendant for * * *; Although your uncle died, he should be responsible for the deaths of two workers, because there is an employment relationship between the workers and your uncle. (Article 11) If a laborer suffers personal injury in employment activities, the employing unit shall be liable for compensation. ), of course, this responsibility is ultimately borne by the employer.

As for going to the local government to cry, I think it is not advisable to attract the government's attention to this matter, because even if the government is in charge, it will be handled by the public security organs and will not really help you solve the problem. It is better to negotiate quickly, and negotiation will not bring a lawsuit to the court. The following legal provisions are the basis of my above analysis, and I hope to have a closer look:

Article 35 of Tort Liability Law: Labor relations are formed between individuals, and if the party providing labor services causes damage to others due to labor services, the party receiving labor services shall bear tort liability. If the party providing labor services suffers personal injury, it shall bear corresponding responsibilities according to the respective faults of both parties.

The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 1 If the obligee for compensation has been infringed upon his life, health and body, and requests the obligor for compensation for property losses and mental damages, the people's court shall accept it.

The obligee for compensation mentioned in this article refers to the victim who directly suffered personal injury due to tort or other damage reasons, the victim's legal obligation to support him, and the close relatives of the deceased victim.

The obligor for compensation mentioned in this article refers to a natural person, legal person or other organization that should bear civil liability according to law because of its own or others' tort and other causes of damage.

Article 11 Where a laborer suffers personal injury in employment activities, the employing unit shall be liable for compensation.

Paragraph 2 of Article 17: If the victim dies, the compensation obligor shall, in addition to paying the relevant expenses stipulated in the first paragraph of this article according to the needs of rescue and treatment, compensate the funeral expenses, living expenses of the dependents, death compensation, transportation expenses, accommodation expenses, lost time expenses and other reasonable expenses incurred by the relatives of the victim in handling the funeral;

Twenty-seventh funeral expenses shall be calculated according to the average monthly salary of employees in the last year where the court of appeal is located, and the total amount shall be six months.

Article 28 The living expenses of the dependents shall be calculated according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the last year where the appealed court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.

A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.

Twenty-ninth death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court of appeal is located. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.

Article 30 If the compensation obligee proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the sued court is located, he may calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence.

The relevant calculation standards for the living expenses of the dependents shall be determined in accordance with the principles stipulated in the preceding paragraph.