According to the standard level of workers compensation, how should the death be compensated?

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) Funeral subsidy: 6 months of the average monthly salary of employees in the overall area 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 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) One-time work-related death allowance: the standard is 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).

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.

Zongheng Legal Network Guizhu lawyer.

Talk to the boss to see if the factory is at fault.

The compensation for work-related death generally includes funeral allowance, pension for dependent relatives and one-time work-related death allowance, which can be distributed by the employee's close relatives through negotiation; If the negotiation fails, it can be distributed by applying for arbitration, litigation, etc.

[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) Funeral subsidy: 6 months of the average monthly salary 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.

3) One-time work-related death allowance: the standard is 20 times the per capita disposable income of urban residents in the previous year.

Article 120 of the Civil Procedure Law of the People's Republic of China.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Article 2 of the Arbitration Law of the People's Republic of China.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

According to the latest statistics released, in 2018, the per capita disposable income of residents nationwide was 28,228 yuan, a nominal increase of 8 7 over the previous year, and a real increase of 6 5 after deducting the first factor. Among them, the per capita disposable income of urban residents was 39,251 yuan, an increase of 7 8, and after deducting the first factor, the real increase was 5 6; This statistic has a direct impact on the one-time work-related death allowance for employees injured at work. According to 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.

Note: According to the second paragraph of Article 62 of the Regulations on Work-related Injury Insurance, if an employee of an employer who should participate in work-related injury insurance but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in the Work-related Injury Insurance Regulations. Therefore, if an employee dies on the job, the close relatives can receive three expenses, funeral allowance, pension for dependent relatives and one-time work-related death allowance.

The three fee standards are as follows:

1. One-time work-related death subsidy: the standard is 20 times the per capita disposable income of urban residents in the previous year. This bumper standard changes every year, and generally increases by at least tens of thousands of dollars per year.

Formula: National Per Capita Disposable Income of Urban Residents 20 According to the latest data released by the National Bureau of Statistics, the per capita disposable income of urban residents in 2018 was 39,251 yuan. Therefore, the one-time work-related death subsidy standard in 2019 is 39,251 yuan and 20,785,020 yuan.

Due to the implementation of the "Regulations on Work-related Injury Insurance", the unified national standard of one-time work-related death allowance in 2019 is 785,020 yuan, an increase of 57,100 yuan compared with 727,920 yuan in the previous year. There is no geographical distinction to this criterion.

2. Funeral subsidy: The funeral subsidy is the average monthly salary of employees in the overall area for 6 months in the previous year. Again, this standard changes from year to year.

Formula: Local average wage6; For example, according to Jingren She Guifa No. 2018 No. 115, the current average salary in Beijing is 8,467 yuan, and the funeral subsidy is 8,467 yuan and 6,50802 yuan.

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 course of work; Formula: Spouse:

40 of the deceased's own salary (paid monthly); Other relatives: 30 of the deceased's own salary (per person per month); Lonely elderly or orphans: add 10 to the above criteria; The sum of the above-mentioned pensions and the monthly wages of the employees (calculated on a monthly basis) at the time of initial verification.

1. What is the compensation standard for the death of work-related injuries at the letterside?

1. The compensation standards for the death of work-related injuries are as follows:

1) Funeral subsidy, 6 months of the average monthly salary 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 deceased employee and are unable to work according to a certain proportion of the employee's own salary;

3) A one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year.

2. Legal basis: Article 41 of the Regulations on Work-related Injury Insurance.

If an employee has an accident during the period of going out for work or is missing in the course of emergency rescue and disaster relief, the salary shall be paid within 3 months from the month of the accident, and the salary shall be stopped from the 4th month, and the work-related injury insurance** shall pay the pension to the dependent relatives on a monthly basis. If you have difficulties in living, you can advance 50% of the one-time work-related death allowance. Where an employee is declared dead by a people's court, it is to be handled in accordance with the provisions of Article 39 of these Regulations on the death of an employee due to work.

Article 42.

If an injured employee has any of the following circumstances, he or she shall cease to enjoy work-related injury insurance benefits:

1) Loss of conditions for enjoying benefits;

2) Refusal to accept the appraisal of labor ability;

c) Refusal.

2. What is the procedure for determining work-related injuries?

1. Application. If the employer does not submit an application, the worker shall submit an application for work-related injury recognition within one year, and the corresponding materials shall be prepared for the application for work-related injury determination;

2. Investigation. After accepting the application, the labor and social security department shall investigate and verify the accident injury;

3. Identification. Generally, the determination will be made within 60 days.