The method of compensation for employees who die due to illness is not work related injuries

Article 5 Death Benefits:

1. If a labor contract worker dies on the job, he or she shall be paid a funeral allowance of 200 yuan. Those who have immediate family members to support shall be paid a monthly pension for each person according to the number of his or her immediate family members, and the standard shall be: 20 yuan per person per month for those who support their immediate family members living in municipalities and urban areas under the jurisdiction of the province; Those who live in the urban area of the county (city) shall be given 18 yuan per person per month; 15 yuan per person per month for those who live in the town; Those who live in rural areas shall be paid 12 yuan per person per month until they lose the conditions for support.

If the deceased has no immediate family members but has immediate relatives, a one-time pension of 500 yuan may be paid to the immediate family members (limited to parents, spouses and children).

2. If a labor contract worker dies not due to work, he or she shall be paid a funeral allowance of 200 yuan; According to the number of dependent immediate family members, a living allowance of 400 to 800 yuan will be paid to support immediate family members at a time. Those who do not support their immediate relatives but have immediate family members may be granted a one-time living allowance of 200 yuan. If there is no immediate family member, it will not be issued.

3. After the death of a labor contract worker, if the organization notifies the immediate family members of the deceased to come to the funeral, the employer shall reimburse the round-trip transportation expenses.

4. The dependents of the immediate family members of labor contract workers are not entitled to half-fee medical treatment and funeral subsidies for the death of their families.

If an employee dies on the job, his close relatives will receive the following compensation: 6 months of funeral subsidy based on the average monthly salary of the employee in the overall area in the previous year; Dependent relatives pension paid to close relatives according to a certain percentage of the employee's own salary; a one-time work-related death subsidy of 20 times the per capita disposable income of urban residents in the previous year; Other.

[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 a funeral limb 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 died on the job and were unable to work according to a certain ratio 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.

Legal analysis: 1. Funeral subsidy: If the incumbent dies due to illness or non-work, the funeral subsidy is paid at the standard of 3 months' salary in the month of death.

If a retired (retired) employee dies due to illness or non-work-related reasons, the funeral subsidy shall be paid to the average basic pension standard per capita of the retired personnel of the enterprise for 3 months in the previous year.

2. One-time pension: If the employee dies due to illness or non-work-related reasons, the one-time pension shall be paid to the standard of 20 months' salary of the month of death; In the case of the death of a retiree due to illness or non-work-related reasons, a lump sum pension is the standard of 20 months of the basic pension for the last month of his life.

3. Living allowance for survivors: When an employee has more than one survivor, the sum of the monthly living allowance for all survivors shall not exceed the monthly salary or monthly basic pension of the employee.

Legal basis: Social Insurance Book and 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 repaid 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.

Summary. Hello dear, happy to answer your <>

According to Article 46 of the Regulations of the People's Republic of China on Labor Insurance, "if the employee suffers from an occupational disease or dies during a work-related injury due to work-related reasons, the employer shall pay the average salary of the employee when he or she is engaged in the work of the unit as a pension, and pay the funeral subsidy and the maintenance of the dependent relatives in accordance with the relevant provisions of the state." Therefore, if an employee dies due to illness during the work-related injury, the employer shall pay the average salary of the employee when he or she was engaged in the work of the employer as a pension, and pay the funeral allowance and maintenance of dependent relatives in accordance with the provisions of the state.

During the work-related injury period, if you die due to illness, the employer can pay compensation.

Hello dear, happy to answer your <>

According to Article 46 of the Regulations of the People's Republic of China on Labor Insurance, "if the employee suffers from an occupational disease or dies during a work-related injury due to work-related reasons, the employer shall pay the average salary of the employee when he or she is engaged in the work of the unit as a pension, and pay the funeral subsidy and the maintenance of the dependent relatives in accordance with the relevant provisions of the state." Therefore, if an employee dies due to illness during the work-related injury, the employer shall pay the average salary of the employee when he or she was engaged in the work of the employer as a pension, and pay the funeral allowance and maintenance of dependent relatives in accordance with the provisions of the state.

If the employee dies due to illness during the work-related injury, it needs to be identified by the relevant departments to confirm whether it is related to the work-related injury. If it is confirmed that the death was caused by a work-related injury, the employer shall be liable for the corresponding compensation. If it is not confirmed that it is related to the work-related injury, the employer is not liable for compensation such as pensions.

At the same time, when paying compensation such as pensions, employers should follow relevant procedures and regulations to ensure the fairness and legality of compensation.

Kiss Hope you can solve it smoothly

Hello, if an employee is injured and dies during the period of recuperation, does the company need to be held liable?

He suffered a skin injury and rested at home for 5 to 6 days before he died.

If an employee dies while recuperating from his injuries, the company is liable.

Is it possible to communicate.

Dear, our platform does not allow us to contact customers privately, if you have any questions, you can ask me directly.

1. The employee is still on probation, 2. The degree of work-related injury is also a slight skin injury, 3. The hospital is prescribed a 15-day rest, and 4. What does the company need to bear for the death during this period.

The cause of death is unknown, relatives, and whether minor skin trauma is a work-related injury needs to be specifically analyzed and judged. At the same time, the 15-day rest prescribed by the hospital is only for reference.

Work-related injuries, injuries sustained during working hours.

If it can be proved that it is a work-related injury, compensation is required.

Kiss, he's ** injured?

Legal analysis: In accordance with the law, his immediate relatives receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance**.

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, the average monthly salary of employees in the funeral subsidy area in the previous year is 6 months. Total incapacity to work:

The spouse of a deceased employee is at least 60 years old, the female is at least 55 years old, the parents of the deceased employee are at least 60 years old, the female is at least 55 years old, the parents of the deceased employee are under the age of 18, the parents of the deceased employee are all deceased, the grandfather or maternal grandfather is at least 60 years old, the grandmother or maternal grandmother is at least 55 years old, the deceased employee's children are dead or completely incapacitated, the grandchildren and grandchildren are under the age of 18, the parents of the deceased employee are all dead or completely incapacitated, and the siblings are under the age of 18.

2. The pension standard for dependent relatives is: spouse shall be paid to his relatives at 40% of the monthly salary of the deceased employee every month, and 30% of the monthly salary of the deceased employee shall be paid every month. Lonely elderly or orphans are added 10% per month on the basis of the above standards.

Legal basis: Regulations on Work-related Injury Insurance》 Article 39 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.

What compensation does the family of an employee suffer from work-related death? 1. Funeral subsidy: The standard is the average monthly wage of employees in the city in the previous year for 6 months when the employee dies on the job.

2. Pension for dependent relatives: according to a certain proportion of the average monthly salary paid in the 12 months before the death of the injured person, it will be paid to the relatives who provided the main living income and are unable to work during their lifetime. Among them, 40% per month for spouses and 30% per month for other relatives; An increase of 10 per cent per month for each elderly person or orphan is added to the above standard.

The sum of the approved pensions for dependent relatives shall not be higher than 100 per cent. If the standard is lower than the minimum standard announced by the Municipal Human Resources and Social Security Bureau, it shall be calculated and issued according to the minimum standard. If the average monthly wage paid in the 12 months prior to the death of a work-related injury is higher than 300% of the average wage of employees in the city, it shall be calculated according to 300% of the average wage of employees in the city; If it is less than 60% of the average salary of employees in this city, it shall be calculated according to 60% of the average salary of employees in this city.

If an injured worker dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the above three benefits. If a work-related injury with a disability of the first to fourth grade dies after the expiration of the period of suspension of work with pay, his close relatives shall enjoy two benefits: funeral allowance and pension for dependent relatives.