Compensation for work-related death refers to that the immediate family members of workers who died at work receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the work-related injury insurance fund according to law.
1. If the employer participates in work-related injury insurance, the funeral subsidy, one-time work-related death subsidy and dependent relatives pension shall be paid by the work-related injury insurance fund;
2, the employer did not participate in work-related injury insurance, funeral grants, one-time work-related death grants and dependent relatives pension paid by the employer;
3. According to the "Provincial Regulations on Work Safety", the death compensation other than the above-mentioned industrial injury insurance benefits shall be paid by the employer.
Who owns the compensation for work-related injury death:
(a), if participated in the work-related injury insurance, after the death of the injured person, the insurance company will pay the insurance money.
(2) If the employee fails to purchase work-related injury insurance, the employer shall pay compensation.
According to the provisions of the Insurance Law, when employees purchase work-related injury insurance, the beneficiary is designated, and the insurance money after work-related injury death is obtained by the beneficiary. The Insurance Law also stipulates: "After the death of the insured, in any of the following circumstances, the insurance money shall be regarded as the insured's heritage, and the insurer shall fulfill the obligation to pay the insurance money to the insured's heirs:
(a) No beneficiary has been designated;
(2) The beneficiary dies before the insured, and there are no other beneficiaries;
(3) The beneficiary loses or waives the beneficial right according to law, and there are no other beneficiaries. "
Death compensation belongs to the inheritance. According to the provisions of the Inheritance Law, the heirs in the first order have equal rights to inherit this compensation, and no heir has the right to deprive or restrict the rights of other heirs to inherit the estate.
To sum up, if the employer pays work-related injury insurance for the deceased employees according to regulations, all compensation shall be borne by the work-related injury insurance fund, but if the employer fails to pay work-related injury insurance according to regulations, all compensation shall be borne by the employer.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:
(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;
(2) Hospitalization food subsidies;
(three) transportation and accommodation expenses for medical treatment outside the overall planning area;
(four) the cost of installing and configuring assistive devices for the disabled;
(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs;
(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;
(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;
(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;
(nine) labor ability appraisal fee.
Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:
(a) wages and benefits during the treatment of work-related injuries;
(two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;
(3) 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 according to 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 pay in advance from the industrial injury insurance fund.
The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.