Standard of treatment for work-related death (1) standard of funeral subsidy: the average monthly salary of employees in the overall planning area last year was 6 months. (2) The dependent relatives' pension standard (1) is paid to the relatives who provide the main source of livelihood and can't work before their death according to a certain proportion of the employee's own salary. (2) Spouse 40%, other relatives 30%, old people or orphans 10%. (3) The sum of the pensions approved for supporting relatives shall not be higher than the wages of employees who died at work. Dependent relatives (1), spouses, children, parents, grandparents, grandchildren, grandchildren, brothers and sisters of employees. (2) Children, including children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency, in which children born in wedlock and children born out of wedlock include posthumous children; (3), parents, including biological parents, adoptive parents and step-parents with dependency; (4) Brothers and sisters, including brothers and sisters of the same parents, half-brothers, half-brothers, and stepbrothers and sisters who are dependent. The application conditions for dependent relatives' pensions depend on the main source of livelihood provided by employees who died at work during their lifetime, and there are one of the following circumstances: (1) completely losing their ability to work; (two) the spouse of the deceased employee, male over 60 years old, female over 55 years old; (3) The parents of the deceased employee, male over 60 years old and female over 55 years old; (4) The children of the deceased employees are under the age of 18; (five) the parents of the deceased employee have died, and the grandfather has reached the age of 60 and the grandmother has reached the age of 55; (six) the children of the deceased employees have died or completely lost their ability to work, and their grandchildren are under the age of 18; (7) The parents of the deceased employees have died or completely lost their ability to work, and their brothers and sisters are under the age of 18. Stop enjoying pension benefits (1), reach the age of 18 and have not completely lost their working ability; (2), employment or joining the army; (3) The spouse of the deceased employee remarries; (4) Being adopted by others or organizations; (5), dead. Determine whether the employees who meet the time for receiving the support qualification have died due to work, and the qualifications of their dependent relatives to enjoy the old-age treatment shall be approved according to the conditions when the employees die due to work. (3) One-time worker death allowance (1), standard: death compensation and funeral expenses, the total amount of which is 20 times of the average annual salary of employees in the previous year. (2) Requirements: First, the immediate family members of disabled employees who died at work during the period of unpaid leave shall enjoy the funeral allowance, dependent relatives' pension and one-time work-related death allowance stipulated in the first paragraph of this article; Two, one to four disabled workers died after the expiration of the suspension of work, you can enjoy the funeral subsidy in the first paragraph (a) of this article and the pension for dependent relatives as stipulated in the second paragraph.
Legal objectivity:
Article 39 of the Regulations on Work-related Injury Insurance, if an employee dies at work, his close relatives shall receive funeral subsidies, pension for supporting relatives and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions: (1) The funeral subsidies shall be the average monthly salary of employees in the overall planning area for six months in the previous year; (2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council; (three) the standard of one-time work death allowance is 20 times of the per capita disposable income of urban residents in the previous year.