There are two situations in which an employee dies due to a work-related injury. One is that the employee dies after receiving work-related injury and disability compensation after the labor ability appraisal, and the other is that the employee dies after being identified as having an occupational disease but has not yet received disability compensation. The employee can be compensated as a work-related injury death.
According to Article 39 of the "Regulations on Work-related Injury Insurance", if an employee dies on the job, his close relatives shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death benefits from the work-related injury insurance fund in accordance with the following provisions: (1) Funeral subsidies
The pension is the average monthly salary of employees in the coordinated area for 6 months in the previous year. (2) Dependent relatives pension is paid according to a certain proportion of the employee's salary to the relatives of the employee who died on the job who provided the main source of livelihood and was unable to work.
The standard is: 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 is stipulated by the social insurance administrative department of the State Council. (3) The one-time work-related death benefit standard is 20 times the per capita disposable income of urban residents nationwide in the previous year.
If an injured #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 expiration of the period of suspension of work and salary retention, his close relatives may enjoy the benefits stipulated in items (1) and (2) of paragraph 1 of this article.