How much should I pay for work related deaths? Urgent

Hello.

Pity the hearts of parents all over the world.

First of all, he expressed deep sympathy for the death of the little boy and wished his mother a speedy recovery.

This issue is an issue of work-related death compensation, and I will talk about it in detail below.

If it is determined that it is a work-related injury, then a funeral allowance, a dependent family pension and a lump sum work-related death benefit will be paid

Article 37 If an employee dies on the job, his immediate family members 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 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 lonely 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 labor and social security administrative department;

3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year. The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his immediate family members 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 immediate family members may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Article 38 Disability allowances, pensions for dependent relatives, and living care expenses shall be adjusted by the labor and social security administrative department of the coordinating area in a timely manner on the basis of changes in the average wages and living expenses of employees. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.

The highest work-related fatality is now 200,000 yuan. (under the New Labour Law).

This also depends on the local Labor Law, the employment contract and the situation of the employer. There are also funeral grants, pensions, etc.

It is advisable to consult with a local lawyer.

The standard of compensation varies from region to region.

You go to your local lawyer and ask.

According to Articles 39, 62 and 64 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 shall be paid according to the average monthly wage of employees in the overall planning area for 6 months 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 lonely 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 service before his or her death.

3. The standard of one-time work-related death allowance shall be paid at 20 times the per capita disposable income of urban residents in the previous year.

The specific scope of supporting relatives shall be determined in accordance with the Ministry of Human Resources and Social Security's "Provisions on the Scope of Supporting Relatives of Employees Who Die on the Job".

If the employer does not participate in work-related injury insurance, the employer shall bear all the expenses.

Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases at work.

1.First, the statutory amount of work-related death compensation should be confirmed, and then the compensation should be negotiated with the employer. If the two parties cannot reach a compromise on death compensation, they can apply for a work-related injury determination, and then protect their legitimate rights and interests through labor arbitration procedures.

2.The basis of work-related injury compensation is the "Regulations on Work-related Injury Insurance", which can be compensated about 50-600,000 yuan for the death of work-related causes, and the father is over 60, and the mother is over 55 and has no livelihood, and can receive a monthly pension for dependent relatives until the death of the second old, and those who have children can also receive a monthly pension for dependent relatives, until they reach the age of 18.

Legal analysis: the standard of compensation for work-related deaths: the standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year; The pension for dependent relatives shall be paid according to a certain proportion of the employee's own salary; The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year.

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

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from the 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) When the labor contract is terminated or dissolved, the one-time disability subsidy that should be enjoyed will be quietly touched by Zheng Ye.

Article 41 If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the 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.

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.