Can I be compensated for sudden death in a hotel?

The following expenses will be compensated for death in the hotel:

1. Medical expenses shall be determined based on the receipt issued by the medical institution;

2. Lost work expenses shall be determined based on the injury The person's missed work time and income status are determined;

3. Transportation expenses are calculated based on the actual expenses incurred by the victim and his necessary attendants for medical treatment or transfer to a hospital;

4. Nursing fees and accommodation fees;

5. Death compensation, etc.

1. Medical accident death compensation

Medical accident compensation is calculated according to the following items and standards :

1. Medical expenses: The medical expenses incurred in treating the patient’s personal injury caused by the medical accident are calculated and paid according to the voucher, but do not include the medical expenses for the original disease. If you really need to continue treatment after the case is closed, you will be paid according to the basic medical expenses.

2. Lost work allowance: If the patient has a fixed income, the calculation will be based on the fixed income reduced due to missed work. If the income is more than 3 times the average annual salary of employees in the place where the medical accident occurred in the previous year, the calculation will be based on 3 times. Calculation; if there is no fixed income, the calculation shall be based on the average annual salary of employees in the year where the medical accident occurred.

3. Hospitalization food subsidy: calculated according to the business trip food subsidy standards for general staff of state agencies where the medical accident occurred.

4. Accompanying fee: If the patient requires a special person to accompany him during hospitalization, it will be calculated based on the average annual salary of employees in the place where the medical accident occurred in the previous year.

5. Disability living allowance: Based on the disability level and calculated based on the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; however, for those over 60 years old, no compensation will be provided. More than 15 years; for those over 70 years old, no more than 5 years.

6. Disability appliance fee: If you need to equip a device with compensating functions due to disability, the fee will be calculated according to the cost of universal appliances with a certificate from a medical institution.

7. Funeral expenses: Calculated according to the funeral expense subsidy standards stipulated in the place where the medical accident occurred.

8. Living expenses of dependents: limited to those who were actually supported by the deceased before his death or before the disabled person lost his ability to work and who have no ability to work, calculated according to the minimum living security standard for residents in the place of their registered residence or place of residence. For those under the age of 16, they will be supported until they reach the age of 16. For those who are over 16 years old but unable to work, they will be supported for 20 years; however, for those over 60 years old, it will not exceed 15 years; for those over 70 years old, it will not exceed 5 years.

9. Transportation expenses: Calculated according to the patient’s actual necessary transportation expenses and paid with voucher.

10. Accommodation expenses: Calculated according to the business trip accommodation subsidy standard for general staff of state agencies where the medical accident occurred, and paid upon receipt.

11. Mental damage solatium: calculated based on the average annual living expenses of residents in the place where the medical accident occurred. If the patient's death is caused, the maximum period of compensation shall not exceed 6 years; if the patient's disability is caused, the maximum period of compensation shall not exceed 3 years. (Chapter 5, Article 50 of the "Regulations on the Handling of Medical Accidents"

Whether a death caused by a medical accident can be compensated for 20 years in accordance with the Interpretation of the Supreme People's Court on Several Issues concerning the Applicable Law in the Trial of Personal Injury Compensation Cases" Standard implementation

2. How much responsibility does the hotel have if someone dies in the hotel?

If the hotel fails to fulfill its safety obligations, it can ask for compensation from hotels and shopping malls. Managers of public places such as banks, stations, entertainment venues, or organizers of mass activities who fail to fulfill their safety guarantee obligations and cause damage to others shall bear tort liability for the damage caused to others due to the behavior of a third party. If the event occurs, the third party shall bear the liability for infringement; if the manager or organizer fails to fulfill its safety guarantee obligations, it shall bear the corresponding supplementary liability.

Legal Basis

"The People's Republic of China**" * and Civil Code

Article 120: If civil rights and interests are infringed, the infringed party has the right to request the infringer to bear infringement liability.

Article 1170. Article 7 If the legitimate rights and interests are infringed upon, and the situation is urgent and it is impossible to obtain timely protection from state agencies, and failure to take immediate measures will cause irreparable damage to the legitimate rights and interests, the victim may detain the infringer within the scope necessary to protect his or her legitimate rights and interests. reasonable measures such as property; however, relevant state agencies should be requested immediately.

Article 1,176 If a person who voluntarily participates in cultural and sports activities with certain risks is harmed due to the behavior of other participants, the victim shall not request other participants to bear tort liability; however, other participants Exceptions are made if the person has intentional or gross negligence in causing the damage.

The responsibilities of event organizers shall be governed by the provisions of Articles 1198 to 1201 of this Law.

If the victim takes inappropriate measures that cause harm to others, he shall bear tort liability.