Does the one time work related death severance payment include the monthly living expenses of the mi

The one-time work-related death severance compensation generally does not include the monthly living expenses of the minor children (unless it is agreed to be paid in a lump sum until the age of 18), and the living pension for the minor children should generally be approved by the social security department and paid on a monthly basis

1. Article 39 of the Regulations on Work-related Injury Insurance stipulates that 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. Where:

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.

2. According to Article 2 of the Regulations on the Scope of Supporting Relatives of Employees Who Died on the Job (Order No. 18 of the Ministry of Labor and Social Affairs in 2003), the term "relatives supported by employees who died on the job" in these regulations refers to the spouse, children, parents, grandparents, grandchildren, grandchildren, brothers and sisters of the employee. "Children" as used in these Provisions includes legitimate children, illegitimate children, adopted children, and stepchildren with a dependent relationship, of which legitimate children and illegitimate children include surviving children;

3. Article 3 of the "Provisions on the Scope of Supporting Relatives of Employees Who Die on Work" stipulates that the personnel specified in Article 2 may apply for a pension for supporting relatives in accordance with the provisions of the following circumstances if they rely on the main living expenses of the employees who died on the job and have any of the following circumstances, including children: (1) The children of the employees who died at work are under the age of 18; (2) The children of the deceased employee have died or have completely lost the ability to work, and their grandchildren or grandchildren are under the age of 18.

4. The children of employees who die in the line of duty who meet the above scope of support can apply for the pension for supporting relatives, and the children shall cease to enjoy the pension for dependent relatives when they have reached the age of 18 and have not completely lost their ability to work.

The lump-sum work-related death benefit does not include the monthly pension paid to close relatives who are unable to work.

Summary. Hello dear, I am glad to answer for you Death due to work-related injury. If the child is also an adult, there is no benefit.

Death due to work-related injuries. Is there a benefit for children who are also adults?

Dear, your jujube is good, and you are happy to answer for you A good rock grandson who died due to a work injury. If the child is also an adult, there is no benefit.

Legal Analysis: The children of injured workers who have reached the age of 18 should be self-supporting and do not have the conditions to support their relatives because they have reached adulthood and have full capacity for civil conduct. However, the children who are still in school do not have the ability to support themselves, so most of the provinces and cities in China have successfully argued that when the children are studying the book of Youchaqin, they can also enjoy the child pension of work-related injury insurance.

Legal basis: Article 39 of the Regulations on Work-related Injury Insurance stipulates that if an employee dies of a work-related injury and the child is under the age of 18, the work-related injury insurance** shall pay a monthly pension for supporting relatives according to 30% of the salary of the employee before his or her death, until he reaches the age of 18 or loses the condition of supporting his relatives due to other reasons. My salary refers to the average monthly salary paid by the deceased employee in the 12 months before he was injured in an accident or suffered from an occupational disease due to work.

If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

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Summary. According to Article 17 of China's "Regulations on Work-related Injury Insurance", if an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

Death due to work-related injuries. Is there a benefit for children who are also adults?

Hello dear, due to work-related injuries, there is also a subsidy for the children who are adults. Work-related injury insurance stipulates that the surviving family members of the insured can receive a lump sum pension and funeral allowance if they are swirling. If the surviving family members of the insured are all adults, each person can receive 8 times the lump sum pension and 3 times the funeral allowance.

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According to Article 17 of China's "Regulations on Work-related Injury Insurance", if an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis and appraisal of the occupational disease and the date of the hunger. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance department. <>

The pension for dependent relatives of the parents of the employee who died of work-related injury shall be paid by the work-related injury insurance** on a monthly basis until the date of death. It is not legal to pay work-related death support in a lump sum, and it cannot be paid in a lump sum. However, if the work-related injury death is not covered by the work-related injury insurance before the death of the employee, the employer shall pay for it, and the employer may negotiate a lump sum payment.

[Legal basis].Article 17 of the Regulations on Work-related Injury Insurance.

If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating region. In case of special circumstances, it shall be reported to the labor and social security administrative department for work-related injury appraisal procedures.