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某单位职工姜某于1998年1月从行驶的车上摔下,致使头部及身体多处受伤,经抢救治疗脱离危险,但身体瘫痪,后因并发症于1998年10月去世。家中有一未成年孩子和无劳动能力的老人。因遗属补助和丧葬费等问题不能兑现,遗属到劳动争议仲裁委员会申请劳动仲裁。遗属的申诉理由是:姜某在职期间死亡,企业应抚养未成年子女和无劳动能力的老人。企业的辩诉理由是:姜某的去世,属非因工负伤,按规定姜某仅可享受6个月的医疗期,且医疗期已满不应享受遗属待遇。仲裁委员会经调查发现,姜某确属非因工负伤。治疗期间,共花费4万余元医疗费,企业按75%予以报销,另给姜某5000元的生活困难补助。但企业在这一问题的处
An employee of a certain unit, Jiang, fell from a moving car in January 1998, resulting in multiple injuries to his head and body. After being rescued from danger, the medical unit was paralyzed and died of complications in October 1998. There is an underage child and an elderly man who can not work. The survivors subsidies and funeral expenses and other issues can not be honored, the survivors to the labor dispute arbitration commission for labor arbitration. The survivors’ grievances are as follows: When Jiang died during his tenure, the enterprise should raise underage children and non-working elders. Enterprise’s argument is: Jiang’s death, is a non-work-related injury, according to the provisions of ginger can only enjoy the 6-month medical period, and the medical period is not full should not enjoy the survivor’s treatment. The Arbitration Commission found after investigation that Jiang is indeed a non-work-related injury. During the treatment, a total cost of more than 40,000 yuan medical expenses, 75% of enterprises to be reimbursed, and the other to Jiang 5,000 yuan of living allowance subsidies. But businesses are at the problem