[Disclaimer: This content is a long fictional short story adapted from real events, please watch it rationally, and do not sit in the right seat]
#头条创作挑战赛##长文创作激励计划#
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preface
Family is the harbor of each of our souls. However, when a sudden turn of events strikes, the harbor may become the center of the storm. Wang's family in Zizhong County, Sichuan Province, is such a typical case. In July last year, the eldest son of Mr. and Mrs. Wang died at work, and the family has been shrouded in great grief and compensation disputes since then.
Sudden surprise
Wang, who is 70 years old this year and used to be a retired worker, has left deep wrinkles on his face, but his body is still strong and energetic. His wife, Li, is 11 years younger than him and is 59 years old this year. Li is a housewife who has always been in charge of housework at home, husband and children, and is the pillar of the family. Another member of the family is Lai, the wife of Wang's eldest son, who is 39 years old this year and is also a housewife. Lai and her husband have two daughters, the eldest daughter is 10 years old and the younger daughter is 7 years old. The family also includes the youngest son of Mr. and Mrs. Wang, who is currently working in other places.
It was originally a peaceful and happy family, until last July, when fate suddenly reached out to them and broke all this tranquility. It was a normal summer day, the sun was shining, and it seemed like everything was going on as usual. Wang's eldest son went to work in a transportation company in Neijiang as usual, but no one thought that this would be the last day of his life. An accident quietly came and took Lai's husband and father of two children away from their lives forever. This sudden tragedy, like a bombshell, instantly shattered the peace and happiness of this family.
After the accident, Mr. and Mrs. Wang and Mr. Lai fell into deep grief. A transportation company in Neijiang investigated the accident and admitted that it was a work-related accident. According to relevant regulations, the company paid a one-time work-related death subsidy of 975,000 yuan and a funeral subsidy of 35,000 yuan to the family, totaling 1.01 million yuan. In addition, the accident insurance purchased by Wang's eldest son in the company also provided a claim of 510,000 yuan. A total of 1.52 million yuan in compensation was transferred to Lai's account in a short period of time.
This huge amount of money has had a great psychological and financial impact on the family in a short period of time. The pain of losing loved ones has not subsided, and the arrival of huge compensation payments has complicated their lives. Although Lai received this compensation, the pain in her heart was not alleviated. Not only does she have to take on the responsibility of raising her two daughters on her own, but she also has to face the endless pain of losing her husband.
In the months following the accident, the relationship between Mr. and Mrs. Wang and Mr. Lai gradually became strained. Mr. and Mrs. Wang believe that this compensation does not only belong to Lai and her two daughters, but also that they, as the parents of the deceased, should also receive a part of the compensation. After all, they lost a son, and it was also a huge loss that could not be repaired for them.
In February this year, Mr. and Mrs. Wang decided to sue Lai and his two daughters, demanding the distribution of 558,000 yuan in compensation, on the grounds that they should receive two-fifths of the compensation. The decision caused an uproar within the family. Lai felt very aggrieved, she believed that the money was an inheritance left by her husband for his family, and it was for her and her two daughters to live in. She couldn't understand why her in-laws were making such a request at this time.
Mr. and Mrs. Wang's decision was not unfounded. They feel that their son has worked hard for the family all his life, but in the end he lost his life at work, and they deserve their share of this compensation. Every time Li thinks of his son, he always bursts into tears. She thinks that she has paid so much for her son, can't she even get a little financial compensation after his death?
Although Wang did not act as emotional as his wife, there was no shortage of pain and anger in his heart. In the dead of night, he always sat alone in his son's room, reminiscing about the good times he spent with him. He felt that he, as a father, deserved a part of the compensation for the loss of his son.
Lai is not without hardships. She lost her husband and is now raising two daughters on her own, and her life is very stressful. The two children are in the growing stage, and various expenses are constantly increasing. She is also worried that if the money is divided, life will be even more difficult in the future.
Conflicts within the family are escalating, and every conversation is filled with quarrels and tears. Mr. and Mrs. Wang insisted that their demands were reasonable, while Lai believed that their demands were unfair to themselves and their children. The family is caught in a war without gunpowder, and no one is willing to back down.
In the end, Mr. and Mrs. Wang decided to solve the problem through legal means.
Court decision
Lai admitted that part of the compensation should be given to her in-laws, but she believes that the debt of 257,000 yuan should be deducted for the purchase of the house. The debt was shared between her and her husband during their lifetimes, and she considered it necessary to deduct it before distributing the compensation. Lai not only has to raise two minor daughters alone, but also has to face future life challenges. She also pointed out that her youngest son, who was still alive with her in-laws, should also bear the obligation of support, and therefore considered it reasonable to allocate 300,000 yuan in compensation to her in-laws.
In the courtroom, Lai stood in the defendant's seat, although her face was haggard, her eyes revealed a trace of tenacity. She knew that she would not only have to face the trial of the court, but also the pressure of her family and the burden of life. Lai took a deep breath and said slowly: "When my husband was alive, we shared the debt of buying a house, and this debt has not been paid off yet. I think it is necessary to deduct the 257,000 yuan before distributing the compensation. In addition, I have two minor daughters to raise, and my life is very stressful. Although the youngest son of his in-laws works in other places, he should also bear the obligation of support. In my opinion, it is reasonable to allocate the compensation of 300,000 yuan to the in-laws. ”
Mr. and Mrs. Wang's lawyer stood up and retorted: "The funeral subsidy is mainly used for funeral expenses and does not need to be distributed among relatives. The one-time work-related death subsidy should be jointly shared by Mr. and Mrs. Wang, Mr. Lai and his two daughters, and based on the principle of fairness, the compensation should be divided equally among the five people. Mr. and Mrs. Wang should get 40% of it, that is, more than 390,000 yuan. In addition, the 510,000 insurance claims should also be enjoyed by 5 people according to equal shares, and Wang and his wife should share 40% of them, that is, more than 204,000 yuan. Lai's unauthorized use of 257,000 yuan to pay off the joint debts of the husband and wife is contrary to the law and is not adopted. ”
The judge pondered for a moment and finally made a ruling: "The compensation is all jointly owned, and Lai used 257,000 yuan to pay off the joint debts of the husband and wife without the consent of Wang and his wife, which is inconsistent with the law and is not adopted." Lai's defense has no legal basis and is therefore not supported. The court ruled that Lai should pay more than 540,000 yuan to Wang and his wife, and Lai's two daughters did not need to bear the responsibility of payment. ”
This verdict has undoubtedly set off new waves within the family. When Lai heard the result in court, she felt like a boulder pressing on her chest, and she felt extremely helpless and heartache. She knew that the more than 540,000 yuan was crucial for her and her two daughters' future lives, but the court's verdict had been settled, and she could only accept reality.
After hearing the verdict, Mr. and Mrs. Wang were not much more relaxed. Although they received the compensation they deserved, the scars in their hearts still could not be healed. They lost their son, and this pain cannot be measured in money. They looked at Lai's back, and they had both pity for their daughter-in-law and worries about future family relationships.
In March this year, the Weiyuan County People's Court of Neijiang City ruled in the first instance that Lai should pay Wang and his wife more than 540,000 yuan, and rejected other litigation claims of Wang and his wife. The verdict seems to have put an end to the family dispute, but the trust and affection between family members has been severely affected.
Similar cases
Coincidentally, a similar incident also happened to the Li family in Jiangxi.
Li Mei is a 48-year-old primary school teacher, and her husband, Zhang Qiang, 50, is a construction worker. The two have lived together for more than 20 years and have a son and a daughter. Son Zhang Hua has just graduated from college, and daughter Zhang Ting is still in high school. The family lived an ordinary and happy life until December last year, when Zhang Qiang had an accident during a construction trip. During the construction process, due to equipment failure, Zhang Qiang fell from a height and died on the spot.
This sudden accident plunged Li Mei and her two children into deep grief. After the accident, Li Mei and her children struggled through the first few months with the help of family and friends.
The construction company investigated the accident and admitted that it was a work-related accident. According to the relevant regulations, Li Mei and the children received a total of 1.2 million yuan in compensation. Although this money has eased the financial pressure on the family to a certain extent, it has also brought new problems. Li Mei's in-laws, Zhang Qiang's parents, believe that the compensation not only belongs to Li Mei and the children, but also that they should receive a part of the compensation.
Li Mei understands her in-laws' feelings, but she also has her own difficulties. As the sole breadwinner for her family, she not only has to raise her two children, but also pay off her family's debts. She explained to her in-laws that the money needed to support her and her children's lives. However, the in-laws disagreed, insisting that the money was compensation for their son's death and that they should be entitled to a share.
The conflict between the two parties gradually escalated, and the family relationship became strained. In the end, Mr. Zhang and Mrs. Zhang decided to solve the problem through legal means. They filed a lawsuit with the court, seeking a share of $500,000 in damages. Although Li Mei felt helpless, she could only accept the reality and wait for the court's verdict.
In court, each side presented its own reasons. Mr. Zhang's lawyer pointed out that as the parents of the deceased, they should also be entitled to part of the compensation. Li Mei's lawyer stressed that the money was to protect her and her children's livelihood and should not be distributed to others. After hearing the statements of both parties, the judge fell into deep thought.
After a period of hearing, the court finally handed down its verdict. The judge held that although the compensation was mainly to protect the lives of Li Mei and the children, Mr. Zhang and Mrs. Zhang, as the parents of the deceased, should also receive certain financial compensation. The court decided to divide part of the compensation to Mr. Zhang and Mrs. Zhang to compensate for the loss of their son.
The court clarified the legal definition of the use of common property in accordance with the principle of fairness and the distribution of compensation by family relations. This judgment is not only a resolution of individual cases, but also a legal guide for similar cases, and provides an important legal reference for the handling of similar cases in the future.
summary
Family is everyone's most important support. However, when sudden changes strike, the relationship between family members will also face a huge test. It is hoped that through these two cases, we can have a deeper understanding of family relations and legal principles, so as to better maintain family harmony and face various challenges in life together.
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Resources:
Chengdu Business Daily Red Star News: The husband and wife who died at work received 1.52 million compensation, can the distribution be deducted from the joint debts of the husband and wife? The in-laws sued the court, and the court sentenced_Tencent News (qq.com)
The husband died at work and the wife received 1.52 million compensation, can the distribution be offset against the joint debts of the husband and wife? The in-laws sued the court, and the court sentenced __ financial headlines (sina.com.cn)