Work related Deaths Concerning Compensation for the Deceased Elderly 20

Apply for work-related injury appraisal, and the specific compensation is as follows:

1) Pay a funeral subsidy for 6 months of the average salary of local employees from work-related injury insurance**;

2) Monthly pension for dependent relatives from work-related injury insurance**: 40 of the salary of the spouse, 30 of the salary of other relatives, and 10 of the elderly or orphans according to the above standards;

3) A one-time work-related death allowance of 48 to 60 months from the average wage of local employees from work-related injury insurance**.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees.

First of all, confirm whether they participate in work-related injury insurance, and then check the bereavement pension standard according to the local wage standard, for details, you can call your local 12333 (labor and social security consulting service**) for consultation, and if you are in the field, dial the area code.

Legal Analysis: Compensation for work-related injuries and deaths: Death compensation is calculated over a period of 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed; The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; The standard of one-time work-related death compensation is 20 times the per capita disposable income of urban residents in the previous year.

Legal basis: 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 shall be the average monthly wage of the employee in the overall area of the previous year for 6 months; (Ershenshan) the pension for dependent relatives shall be paid to the relatives who are unable to work and provide the main living ** during the lifetime of the employee who died due to work.

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 subsidy 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.

If an enterprise worker dies of work-related injury, his close relatives are entitled to the following work-related injury insurance benefits: the standard of one-time work-related death subsidy is 20 times of the per capita disposable income of urban residents in the previous year; The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; Dependent relatives pension is 40 per cent per month for spouses, 30 per cent per month for other relatives and 10 per cent per month for each widow or orphan.

[Legal basis].

Paragraph 1 of 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 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 the dependents shall not be higher than the wages of the employee who died on the job. The specific scope of the support for the family shall be prescribed by the social insurance administrative department;

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

But you can find a lawyer!

consult a professional; Or complain to the labor and social security department.

Determine the solution, reach an agreement, and write down which macro will come in black and white.

This problem affects the mood and if it happens in relation to this matter to seek as much compensation as possible.

In this case, you can sue directly to the court and solve the problem through legal means.

The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

Do you know that the mother of the deceased is entitled to compensation after a work-related death? The death of a child at work is a very sad thing for parents, and according to the law, the parents of the deceased can also receive compensation for work-related death. I have carefully sorted out for you whether the mother of the deceased can enjoy compensation after the death of a work-related injury, I hope it will be helpful to you.

If the employee participates in work-related injury insurance, the insurance company will pay the insurance money after work, and if the employee does not purchase work-related injury insurance, as long as the conditions stipulated by law are met, the employer must also pay compensation. Due to the different natures of the two types of compensation, their treatment is also quite different.

According to the provisions of the Insurance Law, if the employer designates a beneficiary, such as his spouse, parents and children, when he or she cares about purchasing work-related injury insurance for the employee, the beneficiary will receive the insurance benefits after the employee's death due to work. However, the Insurance Law also stipulates that the employer must obtain the consent of the insured, i.e., the employee, to designate the insurance beneficiary, otherwise the designation will be invalid. The Insurance Law clearly stipulates that:

After the death of the insured, in any of the following circumstances, the insurance money shall be regarded as the insured's estate, and the insurer shall fulfill the obligation to pay the insurance money to the insured's heirs:

1. No beneficiary is designated;

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

3. The beneficiary loses or renounces the right to benefit in accordance with law, and there is no other beneficiary. "Therefore, it is important to find out whether your husband's employer has designated a beneficiary with his consent when he buys workers' compensation insurance.

If the deceased's employer did not purchase work-related injury insurance for him, then the compensation paid by the employer is his inheritance. According to the provisions of the Inheritance Law, the spouse, children, and parents of the deceased are all first-order heirs and enjoy the right to inherit this compensation equally, and no heir has the right to deprive or restrict the right of other heirs to inherit the estate. Of course, after consensus, the amount of the inheritance can also be different when it comes to the specific distribution of the inheritance between you.

Work-related death compensation standards

1. Funeral expenses

The average salary of employees in the enterprise is 2 months.

2. One-time relief

If he supports 1 member of his immediate family, the salary of the deceased himself is 6 months; for 2 people, 9 months' salary for the deceased; If there are 3 or more persons, the salary of the deceased is 12 months.

3. Subsidy for supporting immediate family members

Employees (including retirees) who die due to illness or non-work-related deaths, and meet the conditions for receiving the surviving family members living difficulties subsidy, the monthly subsidy standard for each person is adjusted to 5 categories according to the location of the enterprise: 180 yuan, 170 yuan, 150 yuan, 140 yuan, and 130 yuan. You suspect (180 yuan in the three districts of Linyi and 150 yuan in the other nine counties).

1) The subsidy standard for the surviving family members of workers who participated in revolutionary work before the founding of the People's Republic of China shall be increased by 20% on the basis of the above-mentioned subsidy standard.

2) If the surviving family member of the employee is a single widow, the subsidy standard shall be increased by 10% on the basis of the above-mentioned standard.

3) In the case of both (1) and (2), the subsidy standard shall be increased by 30% on the basis of the above-mentioned subsidy standard.