Compensation for accidental death on the way home from work

1. If a worker encounters a traffic accident on the way to and from work, it is a work-related injury, and the employer shall compensate the worker in accordance with the provisions of the Regulations on Work-related Injury Insurance (see the provisions of the Regulations on Work-related Injury Insurance for details of the compensation items and standards for work-related deaths).

2. For the driver and the owner of the vehicle that caused the accident, the personal injury compensation shall be made to the worker in accordance with the relevant provisions on personal injury compensation (for details of the items and standards of personal injury compensation, please refer to the provisions 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).

3. It is recommended to first require the unit to bear the liability for work-related injury compensation, and then require the vehicle owner and driver to bear the liability for personal injury compensation.

Summary. Legal basis: Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a work-related death subsidy from the work-related injury insurance in accordance with the following provisions:

1) Funeral subsidy: 6 months of the average monthly salary of employees in the overall area in the previous year; (2) Pension for dependent relatives: according to a certain proportion of the employee's own salary, it will be paid to the relatives who provided the main living expenses of the employee who died due to work, and who were unable to work.

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 as a result of work-related injuries.

Accidental death benefits on the way to work.

Hello, the compensation for accidental death on the way to work is as follows: funeral subsidy, pension for dependent relatives and one-time work-related death subsidy Article 39 of the Regulations on Work-related Injury Insurance Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a work-related death subsidy from the work-related injury insurance ** in accordance with the following provisions.

Legal Analysis: Compensation for Death at Work: Funeral Grant, Dependent Relatives Pension and One-Time Work-Related Injury Benefit.

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 injury subsidy from the work-related injury insurance** in accordance with the following provisions: The funeral subsidy is the average monthly salary of the employee in the previous year for 6 months. 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.

Legal basis: Article 39 of the Regulations on Work-related Injury Insurance 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) Funeral subsidy:

It is the average monthly wage of employees in the overall area for 6 months in the previous year; (2) Pension for dependent relatives: according to a certain proportion of the employee's own salary, it will be paid to the relatives who provided the main living expenses of the employee who died due to work, and who were unable to work. The criteria are:

40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly 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 as a result of work-related injuries.

In the accidental death of a worker on the construction site, compensation shall be paid for funeral subsidies, one-time work-related death subsidies, pensions for dependent relatives, etc. If the construction worker and the unit belong to a labor relationship, the work-related injury may be determined and compensation shall be made in accordance with the work-related injury compensation standard; If the relationship between the construction worker and the unit is a labor relationship, it is necessary to apply to the employer for compensation.

Article 13 of the Insurance Law of the People's Republic of China.

The insurance contract is established when the policyholder makes an insurance request, and the insurer agrees to underwrite the insurance. The insurer shall issue an insurance policy or other insurance certificate to the policyholder in a timely manner. The insurance policy or other insurance certificate shall be cancelled, and shall state the contents of the contract agreed upon by both the parties and the person who is doing so.

The parties may also agree to set out the contents of the contract in other written forms. An insurance contract established in accordance with the law shall take effect from the time of its establishment. The policyholder and the insurer may agree on the validity of the contract with conditions or a time limit.

First of all, the accident responsibility certificate issued by the traffic police shall prevail, if it is not the main responsibility of the employee, it is a work-related injury, and apply for work-related injury identification as soon as possible. Funeral expenses, pensions and one-time work-related death benefits are required. 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.