What is the standard of work related death compensation?

Apply for work-related death first, and ask for funeral expenses, pensions, and a one-time work-related death allowance. The standard of funeral expenses is 6 months' average monthly salary of employees in the overall area where the unit is located in the previous year.

The pension standard for dependent relatives is: spouse, 40% of the monthly salary of the deceased employee per 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. One-time work-related death allowance: The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year.

Legal basis: Article 39 of the Regulations on Work-related Injury Insurance, if an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the overall area, and the average monthly salary of employees in the previous year.

2) The pension for dependent relatives shall be paid to the relatives who are unable to work and provide the main livelihood of the employee who died on the job according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for other relatives, and 10% per month for each person who is lonely or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died on the job. 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 allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.

Work-related death compensation refers to the compensation that an employee's immediate family members can receive from work-related injury insurance** after the employee's death on the job, including funeral allowance, dependent relatives pension and one-time work-related death allowance.

The principles for the distribution of work-related death compensation are as follows:

The dependents of an employee who dies on the job refer to the spouse, children, parents, grandparents, grandchildren, grandchildren, brothers and sisters of the employee. If the spouse of the deceased employee is at least 60 years old and the female is at least 55 years old, he or she may apply for a pension for supporting relatives in accordance with regulations.

[Legal basis].Article 37, Paragraph 1, Item 2, and Article 2 of the Regulations on Work-related Injury Insurance refer to the spouse, children, parents, grandparents, grandchildren, grandchildren, brothers and sisters of the employee; Wait a minute.

Legal Analysis:1Work-related injury compensation standards, that is, compensation items and standards formulated for injured employees and their relatives in accordance with the law.

Workers' compensation is paid by workers' compensation insurance** and the employer. If the employer does not purchase work-related injury insurance for the employee, the work-related injury insurance benefits shall be borne by the employer.

2.It mainly includes: hospital meal subsidy, medical expenses, transportation expenses for medical treatment outside the overall planning area, accommodation expenses, funeral subsidies, one-time work-related death subsidies, pensions for dependent relatives, etc.

Legal basis: "Implementation of Several Provisions".

Article 9 Where an employee (including part-time employees) is employed by two or more employers at the same time, each employer shall pay work-related injury insurance premiums for each employee. In the event of a work-related injury, the employer where the employee worked at the time of the injury shall bear the work-related injury insurance liability in accordance with the law.

Article 11 The work-related death subsidy in Item 8 of Article 38 of the Social Insurance Law refers to the one-time work-related death subsidy provided for in Article 39 of the Regulations on Work-related Injury Insurance, and the standard is 20 times the per capita disposable income of urban residents in the previous year at the time of the work-related injury.

The per capita disposable income of urban residents in the previous year is subject to the data released by the National Bureau of Statistics.

Article 12 The wages and benefits during the period of work-related injury shall be implemented in accordance with the provisions of Article 33 of the Regulations on Work-related Injury Insurance on the wages, benefits, and nursing care that employees shall enjoy during the period of suspension of work with pay.

Article 30 of the Regulations on Work-related Injury Insurance Article 9 If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related injury subsidies from the work-related injury insurance in accordance with the following provisions: (1) The funeral subsidy shall be the average monthly salary of the employee in the previous year for 6 months; (2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's salary. The criteria are:

40 per month for spouses, 30 per month for other relatives, and 10 per month for widows or orphans. The sum of the pensions approved by each dependent relative shall not be higher than the wages of the employee who died on the job. The specific scope of support for relatives shall be prescribed by the social insurance administrative department. The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives are entitled to the benefits provided for in the first paragraph of this article. Where an employee with a disability in grades 1 to 4 dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Article 37 of the Social Insurance Law states that if a worker is in a position of work due to one of the following circumstances, it shall not be recognized as a work-related injury

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.