Legal analysis: It is a work safety accident, and the employer or employer shall bear the responsibility

Legal basis: "Regulations on Work-related Injury Insurance" Article 39 If an employee dies on the job, his close relatives Funeral subsidies, dependent relatives' pensions and one-time work-related death benefits shall be received from the work-related injury insurance fund in accordance with the following provisions: (1) The funeral subsidy shall be the average monthly salary of employees in the coordinating area for 6 months in the previous year. .

(2) Dependent relatives pension shall be paid according to a certain proportion of the employee's salary to relatives who provided the main source of livelihood and were unable to work for the employee who died on the job.

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 based on the above standards.

The approved sum of pensions for dependent relatives should not be higher than the salary of the employee who died on the job. 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 is 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.