The amount of compensation for accidental death in the workplace

Hello: In this case, it should be recognized as a work-related injury.

There are three types of work-related death compensation:

1. Funeral subsidy: 6 months of the average monthly salary of employees in the overall area in the previous year;

40% per month for spouses (your mother is at least 55 years old) and 30% per month for no other relatives.

Among them: "inability to work" refers to: 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.

3. One-time work-related death subsidy: the standard is the average monthly wage of employees in the overall area of 48 months to 60 months in the previous year.

1. It is not a work-related injury, and the work-related injury cannot be recognized for retirees.

2. Employment compensation may be applied. The standard of work-related injury compensation provided upstairs is also incorrect, and the one-time work-related death allowance should be: the per capita income of the national residents in the previous year for 20 years, which will be implemented in May this year.

3. Compensation standard: a. Death compensation: local per capita income of the previous year for 20 years; b. Funeral expenses: about 20,000 yuan; c. Living expenses of dependents: per capita consumption expenditure in the previous year ? Year; d. Spiritual solace: 50,000 yuan;

4. Since the specific situation you provided is not clear, I can only provide the above calculation method for your reference.

If it helps!!

If your dad falls during working hours, it is a work-related injury, and the compensation should be paid in 40 months' work expenses!

If it is a work-related injury, how much compensation will be paid, the Labor Arbitration Section of the Human Resources and Labor Security Bureau can make specific inquiries (it can be applied by the unit or by the individual). It takes about 2 months to apply for the final conclusion.

It must be a work-related injury that costs money.

The heroic wind is very right, but the specific amount of compensation depends on the situation in each place.

Legal analysis: The compensation standard for accidental death of employees shall be compensated in accordance with the provisions of the Regulations on Work-related Injury Compensation: 1. The funeral subsidy shall be the average monthly salary of employees in the overall planning area for 6 months in the previous year; 2. The pension for supporting relatives shall be paid to relatives who are unable to work and relatives who provide the main living expenses of employees who are unable to work according to a certain proportion of the employee's salary, and the standard is 40% per month for spouses, 30% per month for other relatives, and 10% per month for widows or orphans on the basis of the above standards, but the total amount of pension approved for dependent relatives shall not be higher than the wages of employees who die on the job; 3. The standard of one-time death subsidy is 20 times the per capita disposable income of urban residents in the previous year.

Legal basis: "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 one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly wage of the employee 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 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 social insurance administrative department.

Legal analysis: 1. If an employee of a unit dies unexpectedly during non-working hours or at a non-working place, it will be treated as a non-work-related death treatment. 2. If an employee of the unit dies in an accident during working hours and at the place of work, it depends on whether he is injured in an accident while engaged in a work task, and if so, it shall be recognized as a work-related death, and the rescue expenses and funeral expenses, one-time work-related death subsidies, and pensions for dependent relatives shall be paid by work-related injury insurance; It is not treated as a non-work-related fatality.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (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) He or she 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 the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but 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.

If the employer fails to purchase work-related injury insurance in accordance with the law, the employer shall pay compensation according to the standard of work-related injury insurance benefits. If an employee dies on the job, his close relatives can receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance**.

Article 15 of 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) Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts fail; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. 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) 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 and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouse and 30% per month for each other relative.

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.

1. The deceased and the employer are in an employment relationship.

2. It also depends on the age of the deceased and whether there is anyone who relies on the deceased to support him.

3. In addition, it is also necessary to see whether the deceased has a rural or urban hukou, because the compensation standards in rural and urban areas are also different. (Heilongjiang 2010 per capita disposable income of urban residents; The per capita net income of rural residents is yuan. ）

4. The per capita living consumption expenditure of rural residents.

5. Personal estimate: if it is an urban household registration, the compensation should be about 350,000 yuan; If it is a rural household registration, it should be less than 200,000 yuan.

Interpretation of Personal Injury Compensation

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Article 27: Funeral expenses are 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 are calculated on the basis of the total amount for six months.

Article 28: The living expenses of dependents are calculated on the basis of the degree of the dependent's inability to work, and in accordance with the standards for 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; Those over the age of 75 are counted 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: Death compensation is calculated over a period of 20 years in accordance with the standard of per capita disposable income of urban residents or 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.

zt b d q k u t a

Hello: This situation should be able to recognize 6 7 fixed work r injury. The compensation for the death of the work-related injury R is divided into 1 to 2 under the C and 3S categories:

7. Funeral subsidy: 64 D months 7 of the overall planning area l in the previous z year 5 average wage h wages; 0. Pension for dependent relatives: according to the fixed ratio of one hour of employee V's own F salary and 2 cases, it will be paid to the relatives who died due to work Z and provided the main living ** and had no ability to work C.

The standard is 1: 780% per month for spouse (required for your mother to be at least 44 years old), and 370% per month for no other relatives. 5 of them:

"Inability to work E" means: the male spouse of the deceased P employee K is at least 30 years old, and the female F is at least 58 years old; Worker U deceased, M employee, father 6, mother and male are at least 70 years old, and female V is at least 88 years old; Worker n deceased, employee H, son T, female Q under the age of 08; Worker Q deceased v Employee Q's father and mother 3 have all died Y, their grandfather 6 and maternal grandfather 0 are 70 years old or older, and their grandmother and maternal grandmother are 75 years old or older; Worker o deceased u employee e son l daughter e has a death t or completely lost the ability to work v, and his grandson w daughter d and grandson r daughter a are under the age of 25; Worker n deceased, and employee E's father and mother both died n or completely lost the ability to work A, and their siblings were under the age of 34. 7. Subsidy for the death of a F sex worker:

The standard is 387 x months 8 to 10 f months 8 of the overall area l year d year employee s month 2 average wage l l.