How much does the company pay for the sudden death of an employee at work?

China's regulations on work-related injury insurance.

It is stipulated that, in general, at work or at work, an employee dies of a sudden illness or has a period within 48 hours.

If rescue fails, it shall be regarded as a work-related injury. The compensation standards are as follows: 1. The funeral subsidy is equivalent to the average salary of the employee for six months in the previous year; 2. Pension for dependent relatives.

At a rate of 40 percent per month, it will be paid to the relatives of the deceased employee. 30% per month for each other relative, and 30% per month for each elderly or orphan who is lonely or orphaned; 3. The standard of one-time death allowance is 20 times the per capita disposable income of urban residents in the previous year.

Legal basis: Article 15 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) during working hours and at work, he dies of sudden illness or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

Employees who have the circumstances in items (1) and (2) of the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations.

Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

1. You can apply for work-related injury recognition and receive compensation after being recognized as a work-related death;

2. 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;

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

4. 40% per month for dependent relatives and 30% per month for other relatives, etc.

According to the provisions of China's "Regulations on Work-related Injury Insurance", sudden death from a sudden illness during working hours is a work-related injury, and you can apply for work-related injury identification, and the work-related injury insurance will pay funeral subsidies, pensions for dependent relatives and other compensation items.

Legal analysis: According to the specific situation, the company shall compensate for the sudden death due to work-related reasons during the working period; Second, if there is one of the circumstances stipulated by the laws of China, it is regarded as a work-related injury, and the company shall compensate for it; Third, if the employee is really drunk or addicted to drugs, or self-harm, or deliberately carries out some acts that cause sudden death, the company will not compensate.

Legal basis: Regulations on Work-related Injury Insurance

Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

(2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest;

(3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

Employees who have the circumstances in items (1) and (2) of the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations. Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

The compensation standard of the company for sudden death at work is as follows:

1. If the employee dies of illness during working hours and work in the company, or dies within 48 hours after being rescued, it is a work-related injury and the company shall be liable for compensation;

2. The amount of compensation is: the funeral subsidy is 6 months of the average monthly salary of employees in the overall area in the previous year;

3. The pension for dependent relatives shall be paid to the relatives who provided the main living income and are unable to work according to a certain proportion of the employee's own salary, and the one-time subsidy standard is 20 times the per capita disposable income of urban residents in the previous year.

The process for workers' compensation is as follows:

1. First of all, you need to apply for work-related injury recognition and obtain a work-related injury certificate;

2. Then apply for labor ability appraisal in accordance with the law and obtain the appraisal conclusion;

3. After that, the employer shall apply to the insurance administrative department for work-related injury benefits and submit materials;

4. The administrative department of work-related injury insurance shall make a decision on the payment of work-related injury benefits.

The conditions for compensation for work-related accidents are as follows:

1. There must be a labor relationship between the employee and the enterprise or employer, including the actual de facto labor relationship between the enterprise as the employer and the employee without signing a written labor contract;

2. The employee must have the fact of personal injury;

3. The damage of the employee must occur in the course of performing his or her job duties, that is, an accident that occurs during working hours and in the workplace due to work-related reasons.

Legal basisArticle 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 is 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.

Whether the company will compensate for the sudden death of an employee depends on the circumstances:

1. If there is sudden death due to work reasons during the working period, it is a work-related injury and the company shall compensate for it;

2. If there is one of the circumstances stipulated by the laws of our country, it is regarded as a work-related injury, and the company shall compensate for it;

3. If the employee is really drunk or addicted to drugs, or self-injure, or deliberately committed some behaviors that cause sudden death, the company will not compensate.

What is the compensation standard for employee work-related deaths.

The compensation standards for work-related injuries and deaths of employees are as follows:

1. The standard of funeral subsidy, the average monthly salary of employees in the previous year in the overall area for 6 months;

2. The pension for supporting relatives shall be paid to the relatives who provided the main living allowance and are unable to work according to a certain proportion of the employee's own salary;

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

Legal basisArticle 16 of the Regulations on Work-related Injury Insurance.

Employees who meet the requirements of Articles 14 and 15 of these Regulations, but have any of the following circumstances, must not be found to be a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Article 17. 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 Control of Occupational Diseases, the unit to which he or she 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 social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.