Details of the relevant legal provisions on the return of compensation for the death of an employee

If an in-service employee dies due to illness, the unit shall compensate for the funeral allowance, one-time pension and living allowance for the surviving family.

The funeral subsidy is paid four months of the average monthly basic pension of the retirees of enterprises in the province in the previous year at the time of his death.

The pension shall be calculated and paid according to the basic pension insurance payment period (including the deemed payment period) of the enterprise employees (including the in-service insured personnel and the retirees who have gone through the retirement procedures to receive the basic pension on a monthly basis), and the average monthly basic pension of the enterprise retirees in the province in the previous year shall not exceed 20 months for each full year. The payment period of basic pension insurance for enterprise employees is calculated to the month, and less than one year is calculated as one year.

However, the standards for the payment of funeral subsidies and pensions are not consistent among provinces, municipalities directly under the Central Government and autonomous regions, and there are large differences. Therefore, it is recommended to consult the local human resources and social security bureau for specific standards. If an employee dies on the job, his or her close relatives may receive a funeral allowance, a dependent relative pension and a one-time work-related death allowance.

The specific compensation standards are: the funeral subsidy is 6 months of the average monthly salary of employees in the overall area in the previous year; The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year.

In response to your question, the first thing to determine is whether the death is a work-related injury, if so, according to the work-related death standard compensation, if not, you can only start from the social security, that is, it is not a work-related injury, and the compensation after the death is almost none. Whether it is a work-related injury or not, according to the law: If an employee has any of the following circumstances, it shall be deemed to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

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.

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.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Only after it is recognized as a work-related injury, compensation can be made in accordance with the above-mentioned work-related death compensation standards. Just death due to illness is not considered a work-related injury and cannot be compensated.

What compensation can be paid for the sudden illness and death of a worker on the site at 7 a.m.

Is it the worker's own disease? It seems that there is no compensation. Regulations on Work-related Injury Insurance

Legal analysis: According to the relevant laws and regulations of China, for the death of an in-service employee due to illness, the compensation given by the unit includes funeral subsidy, pension for dependent relatives and one-time work-related death subsidy.

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 allowances, 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 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.

Legal analysis: in-service employees can be compensated for the death of illness, and employees of enterprises should enjoy three treatments for non-work deaths, funeral expenses, one-time relief and subsidies for supporting immediate family members, funeral expenses are the average salary of employees for two months, and the relief fund is determined by the number of immediate family members, and the hardship subsidy is adjusted to five categories according to the location of the enterprise.

Legal basis: Insurance Law of the People's Republic of China Article 65 After the death of the insured, in any of the following circumstances, the insurance money shall be regarded as the inheritance of the insured, and the insurer shall perform the obligation to pay the insurance money in accordance with the relevant provisions of the Inheritance Law of the People's Republic of China

1) There is no beneficiary designated, or the beneficiary designation is unclear and cannot be determined;

2) The beneficiary dies before the insured and there are no other beneficiaries;

3) The beneficiary loses or gives up the beneficiary right in accordance with law, and there is no other beneficiary. We believe that the amendment to the Insurance Law clarifies the legal relationship between insurance money and inheritance from a legislative perspective, which is helpful to clarify disputes, correct misunderstandings, and correctly guide practice.