How to compensate for work related death 10, how to compensate for work related death

According to Article 39 of the "Work-related Injury Insurance Regulations of the People's Republic of China", 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 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 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 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.

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.

The compensation received by the deceased was; 1 Funeral expenses: The average monthly salary of employees in the region in the previous year 6

2 Kinship support: The spouse does not have it, the children are useless, and the parents' is 30 per month of the deceased's salary

3 One-time ** subsidy: 20 per capita disposable income of urban residents in the previous year

Hello landlord! Work-related death treatment = funeral allowance + pension for dependent relatives + one-time work-related death allowance;

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

Dependent family pension, according to your question, only the parents of the deceased can apply for a dependent pension, the deceased's wife is not incapacitated for work and has not reached the age of which she can claim a pension, and her children are all over 18 years of age and therefore cannot apply for a pension; The work-related death pension shall be paid to the relatives who provided the main living expenses and are unable to work according to a certain proportion of the employee's own salary, 40 per month for the spouse, 30 per month for each other relative, and 10 per month for each widow or orphan on the basis of the above standards.

The standard of one-time work-related death allowance is death compensation and funeral expenses, and the total amount is 20 times the average annual salary of employees in the previous year.

I hope the above answers will be helpful to you.

To apply to the labor department for a work-related injury determination, the calculation is more complicated, and it is recommended to entrust a lawyer to assist.

Legal analysis: work-related death compensation refers to the death of an employee due to work-related death, 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.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the 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 regulations.

Legal analysis: Article 25 of the Measures for the Implementation of the Regulations on Work-related Injury Insurance in Jiangsu Province The period of suspension of work with pay for an injured employee shall be determined by the medical institution that has signed the service agreement for the employee's medical treatment, or the leave certificate issued by the work-related injury ** institution that has signed the service agreement. If the period of suspension of work with pay exceeds 12 months, it must be confirmed by the labor ability appraisal committee of the city divided into districts.

The conclusion of the suspension period confirmed by the Labor Ability Appraisal Committee of the city divided into districts is the final conclusion. During the period of suspension of work and salary, the employer shall not dissolve or terminate the employment relationship with the injured employee. Except as otherwise provided by laws and regulations.

Article 26 Where an injured employee who has been assessed as having a Grade 5 or Grade 6 disability due to work-related disability resumes his or her work, and it is difficult to arrange work, the employer shall calculate and pay the disability allowance based on his or her salary at the time of work arrangement, and if his salary at the time of work arrangement is lower than his or her salary at the time of work-related injury, it shall be calculated and paid on the basis of his or her salary at the time of work-related injury.

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 subsidies (3) Transportation and accommodation expenses for medical treatment outside the overall planning area (4) Expenses required for the installation and configuration of disability assistive devices (5) Living care expenses confirmed by the Labor Ability Appraisal Committee for those who cannot take care of themselves (6) One-time disability subsidies and monthly disability allowances received by disabled employees of grades 1 to 4 (7) One-time medical subsidies that should be enjoyed when the labor contract is terminated or terminated (8) Death due to work, Funeral allowances, pensions for dependent relatives and work-related death allowances received by their surviving family members (9) Labor ability appraisal fees.

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 period of work-related injury (2) Disability allowance received by employees with grade 5 and grade 6 disabilities on a monthly basis (3) A one-time disability employment subsidy that should 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 repaid by the returning 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.