Work related Death Compensation Standard 2016 Migrant Worker Death Compensation

Work-related death treatment: 1. The funeral subsidy is 6 months of the average monthly salary of employees in the overall area in the previous year;

2. The pension for dependent relatives shall be paid to the relatives who provided the main living allowance and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;

3. The standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year.

Work-related injury insurance implements a unified national standard, with a one-time work-related death subsidy of 623,900 yuan, and funeral subsidies and pensions for dependent relatives can also be obtained.

What is the compensation standard for work-related injuries and deaths of migrant workers in 2016?

Legal analysis: work-related death compensation refers to the death of an employee due to work-related death, and his immediate family members receive funeral subsidies, dependent relatives pensions and one-time work-related death subsidies from work-related injury insurance** in accordance with the law. 1. The standard of funeral expenses is the average monthly salary of employees in the overall area where the unit is located for 6 months in the previous year.

That is, funeral subsidy = 6 months of average monthly salary of employees in the overall area in the previous year. Completely incapacitated for work: the spouse of the deceased employee is at least 60 years old for men and 55 years old for women; The parents of the deceased employee are at least 60 years old for males and 55 years old for females; The children of the deceased employee are under the age of 18; The parents of the deceased employee are both deceased, and his grandfather or maternal grandfather is at least 60 years old, and his grandmother or maternal grandmother is at least 55 years old; The children of the deceased employee have died or have completely lost the ability to work, and their grandchildren or grandchildren are under the age of 18; The parents of the deceased employee have died or have completely lost the ability to work, and their siblings are under the age of 18.

2. The pension standard for dependent relatives is: spouse, 40% of the monthly salary of the deceased employee is paid every month; For other relatives, 30% of the monthly salary of the deceased employee shall be paid every month. The monthly rate for each elderly person or orphan is increased by 10 per cent per month.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.