The settlement is based on consensus reached by both parties. Compensation can be made by referring to Article 39 of the "Work Injury Insurance Regulations". However, it is recommended to apply for work-related injury recognition so that you can obtain legal relief in the event of a dispute.
"Regulations on Work-related Injury Insurance"
Article 39: If an employee dies on the job, his close relatives shall receive funeral subsidies, dependent relatives' pensions and a one-time payment from the work-related injury insurance fund in accordance with the following provisions: Subsidy for work-related death:
(1) Funeral subsidy is the average monthly salary of employees in the previous year in the coordinated area for 6 months;
(2) Pension for dependent relatives is based on the employee’s own A certain percentage of the salary is paid to the relatives of the employee who died on the job and who provided the main source of livelihood and was unable to work. The standards are: 40% per month for spouses, 30% per month for each other relative, and an additional 10% per month for the elderly or orphans on the basis of the above standards. The total approved pension for each dependent relative shall not be higher than the salary of the employee who died on the job during his lifetime. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department of the State Council;
(3) The one-time work-related death benefit standard shall be 20 times the national per capita disposable income of urban residents in the previous year.
If a disabled employee dies due to a work-related injury during the period of suspension of work and salary retention, his close relatives shall enjoy the benefits stipulated in paragraph 1 of this article.
If a first- to fourth-level disabled employee dies after the period of suspension of work and salary retention, his close relatives can enjoy the benefits stipulated in items (1) and (2) of paragraph 1 of this article.