The compensation standard for work related death compensation

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 allowances, 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.

Article 40: Disability allowances, pensions for dependent relatives, and living care expenses shall be adjusted by the social insurance administrative department of the coordinating region in a timely manner on the basis of changes in the average wages and cost of living of employees. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 41 If an employee has an accident or is missing during the rescue and disaster relief due to work, he or she shall be paid wages within 3 months from the month in which the accident occurs, and the wages shall be suspended from the 4th month, and the work-related injury insurance** shall pay the pension to his 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 on the job.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his immediate family members 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 immediate family members may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Legal Analysis: The compensation standard for work-related death is:

1. If a worker dies due to a work-related injury, the close relatives of the worker can receive a funeral subsidy and a one-time work-related death subsidy, and the relatives who need to be supported can also receive a pension for dependent relatives.

2. The compensation standard for funeral subsidies is six months' wages of the average monthly wage of the worker in the previous year.

3. The compensation standard of the one-time work-related death subsidy is based on the per capita disposable income of urban residents in the previous year, and the amount is 20 times the per capita income.

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 reimbursed 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.

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: the standard is 6 months of the average monthly salary of employees in the overall area in the previous year.

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 standard of work-related death compensation mainly includes three parts: funeral allowance, pension for dependent relatives and one-time work-related death allowance. Specifically: 1. Funeral subsidy:

It is the average monthly wage of employees in the overall area for 6 months in the previous year; 2. Pension for dependent relatives: according to the proportion of the employee's own salary, it will be paid to the relatives who provide the main living income and are unable to work during the lifetime of the employee who died due to work. The criteria are:

40% per month for spouses, 30% per month for other relatives, and 10% per month for each elderly or orphanThe 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. 3. One-time work-related death subsidy: the average monthly wage of employees in the overall area for 48 months to 60 months in the previous year.

The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.

Legal basis

Article 38 of the 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 national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy; (3) Transportation and lodging 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 subsidy and a monthly disability allowance for disabled employees at the level of one to four years;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.