How much can be compensated for work related deaths?

Article 37 of the Regulations on Work-related Injury Insurance 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 shall be 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 and were unable to work according to a certain proportion of the employee's own salary. 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 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 subsidy is 48 months to 60 months, and 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.

The standard of funeral expenses is 6 months, and the average monthly wage of employees in the overall area where the unit is located in the previous year 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. Relying on the work-related death of the employee to provide the main living allowance during his lifetime**, and in any of the following circumstances, he or she may apply for a pension for supporting relatives in accordance with the regulations: 1. Completely incapacitated to work; The spouse of the deceased employee is at least 60 years old for men and 55 years old for women; The parents of the deceased employee are at least 60 years old for males and 55 years old for females; The children of the deceased employee are under the age of 18; The parents of the deceased employee are both deceased, and his grandfather or maternal grandfather is at least 60 years old, and his grandmother or maternal grandmother is at least 55 years old; The children of the deceased employee have died or have completely lost the ability to work, and their grandchildren or grandchildren are under the age of 18; The parents of the deceased employee have died or have completely lost the ability to work, and their siblings are under the age of 18.

2. The pension standard for dependent relatives is: spouse, 40% of the monthly salary of the deceased employee every 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.

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.

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 due to work-related injuries shall be paid from 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) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay 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 injury Hongxun death compensation refers to the death of an employee due to work, and his immediate family members receive funeral subsidies, dependent relatives pensions and one-time work-related death subsidies from work-related injury insurance** in accordance with the law.

1. The standard of funeral expenses is the average monthly salary of employees in the overall area where the unit is located for 6 months in the previous year. That is, funeral allowance = 6 months of average monthly salary of employees in the overall area in the previous year. Total incapacity to work:

The spouse of the deceased employee is at least 60 years old for men and 55 years old for women; The parents of the deceased employee are at least 60 years old for males and 55 years old for females; The children of the deceased employee are under the age of 18; The parents of the deceased employee are deceased, and the grandfather or maternal grandfather is at least 60 years old, and the grandmother is at least 55 years old; The children of the deceased employee have died or have completely lost the ability to work, and their grandchildren or grandchildren are under the age of 18; The parents of the deceased employee are deceased or completely incapacitated, and their siblings are under the age of 18.

2. The pension standard for dependent relatives is: spouse, 40% of the monthly salary of the deceased employee is paid every 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.

Further information: 1. If the employer participates in work-related injury insurance, the funeral subsidy, one-time work-related death subsidy and the pension for dependent relatives shall be paid by the work-related injury insurance**; 2. If the employer does not participate in work-related injury insurance, the funeral subsidy, one-time work-related death subsidy and the pension for dependent relatives shall be paid by the employer; 3. According to the provincial regulations on production safety, the employer shall pay the death compensation in addition to the above-mentioned work-related injury insurance benefits.

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 shall be 6 months of the average monthly salary of employees in the overall area of the previous year; (2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood during the death of the employee due to work and are unable to work according to a certain proportion of the employee's own salary.

The standard is: 40 per month for each spouse, 30 per month for each other relative, and 10 per month for each widow or orphan on the basis of the above standard. 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.

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) Funeral subsidy: 6 months of the average monthly salary of employees in the previous year;

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 each dependent relative shall not be higher than the wages of the employee who died in the line of duty during his or her lifetime. 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. (In 2010, the per capita disposable income of urban residents was 19,109 yuan, and in 2009, the per capita disposable income of urban residents was 17,175 yuan).

One-time work-related death subsidy in 2015: 576,880 yuan, calculation formula: 28,844 yuan * 20 years = 576,880 yuan.