(1) This incident should have been a work-related death, but if you want to get compensation for work-related death, as long as there is no labor contract, you will be in trouble: you must first collect the evidence that he was an employee of the company and died at work, and then ask the company to declare the work-related injury for him within 30 days after the accident. If the unit fails to declare, your family members should apply to the local labor bureau for work-related injury identification within one year after the accident, and then you can claim compensation.
(2) If a labor contract has not been signed and work-related injury insurance has not been paid, all compensation shall be demanded from the boss; If the unit has paid work-related injury insurance for him, he can claim compensation from the work-related injury insurance agency.
2. "What are the components of the compensation amount? What you want is the amount. How much does the company pay? " ：
(1) Whether the company compensates: It depends on whether the company has paid the industrial injury insurance, and if not, the company will compensate; Those who have paid work-related injury insurance shall be compensated by social security institutions.
(2) The amount is not easy to calculate. Find your local standard and work it out by yourself according to the calculation method:
A funeral allowance: the average monthly salary of employees in the city where the company is located is X6 months.
B. One-time death allowance: the average monthly salary of employees in the place where the company is located last year is x (48-60) months, depending on the regulations of the local municipal government.
C. Pension for dependent relatives: 40% for spouse, 30% for other relatives, and 65,438+00% for widowed elderly or orphans.
Attachment: Paragraph 1 of Article 37 of the Regulations on Work-related Injury Insurance: If an employee dies at work, his immediate family members shall receive funeral subsidy, dependent family pension and one-time work-related death subsidy from the work-related injury insurance fund in accordance with the following provisions:
(a) the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months;
(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 labor security of the State Council;
(three) the standard of one-time work death subsidy is the average monthly salary of employees in the overall planning area for 48 months to 60 months. Specific standards shall be formulated by the people's government of the overall planning area according to the local economic and social development and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.