Death compensation for going home while uncomfortable at work

1. A person who dies within 48 hours of illness at work can be regarded as a work-related death.

2. Work-related death compensation shall be compensated in accordance with the provisions of the Regulations on Work-related Injury Insurance. The main ones are funeral grants, pensions for dependent relatives and one-time work-related death benefits.

3. Standards and in accordance with the Regulations on Work-related Injury Insurance

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage 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 livelihood of the employee who died on the job 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 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.

Where an employee with a disability of the first to fourth grades 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.

Hello. This is not a work-related injury, there is no work-related injury compensation, and the employer will give humanitarian compensation. However, if it is caused by an occupational disease, it is a work-related injury and you can apply for work-related injury compensation.

Hello. Because you died at home, it is not a work-related injury, so there is no workers' compensation.

Paragraph 1 of Article 15 of the Regulations on Work-related Injury Insurance stipulates that a person who dies of sudden illness or dies within 48 hours after rescue efforts during working hours and at work shall be regarded as work-related injuries.

Legal analysis: The other party shall be compensated for funeral expenses, living expenses of dependents and death compensation for work-related death. The amount of funeral expenses is six months of the average monthly salary of the employee in the previous year; The per capita consumption of local residents in the previous year if the living expenses of dependents are for a certain period of time; The amount of the death benefit is based on the per capita disposable income of the previous year for 20 years.

Legal basis: Article 27 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provides that funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months.

Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law in the Trial of Personal Injury Compensation Cases provides that the living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the standards of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; If the 75th is over the age of 55, it will be calculated as five years.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provides that death compensation shall be calculated on a 20-year basis in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Legal analysis: According to the provisions of the relevant laws of China, if a worker dies suddenly at work, because the circumstances of Article 15 of the Labor Work-related Injury Insurance Regulations have been met, it can be determined that it is a work-related injury, and after being identified as a work-related injury, he can receive compensation such as funeral allowance, pension for dependent relatives and one-time work-related death subsidy.

Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 15 An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (1) He dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; 2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests; 3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Legal Analysis: If a staff member dies on the job due to an accident injury, it should be implied that it should be recognized as a work-related injury. Where a sudden illness on the job dies within 48 hours of ineffective rescue, it shall be deemed to be a work-related injury; Where death occurs within 48 hours, it is to be treated as death due to illness.

The close relatives of an employee who dies on the job shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions.

Legal basis: Article 73 of the Labor Law of the People's Republic of China Workers are entitled to social insurance benefits in accordance with the law under the following circumstances:

a) retirement; 2) Illness or injury;

3) Suffering from work-related disability or occupational disease;

iv) unemployment; 5) Childbearing. After the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law. The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations. The social insurance contributions enjoyed by workers must be paid in full and on time.