1.
If the death is due to work, the funeral subsidy shall be six months' average monthly salary of employees in the coordinated area in the previous year; 2.
If the death is due to personal injury, the funeral expenses will be calculated based on the average monthly wages of employees in the previous year at the location of the court where the suit is filed, and will be calculated as a total of six months, and death compensation will also need to be paid.
The standards for funeral expenses of public institutions are as follows: 1.
If the death is due to work, the funeral subsidy shall be six months' average monthly salary of employees in the coordinated area in the previous year; 2.
If the death is due to personal injury, the funeral expenses will be calculated based on the average monthly wages of employees in the previous year at the location of the court where the suit is filed, and will be calculated as a total of six months, and death compensation will also need to be paid.
3.
When a worker or employee dies due to illness or non-work-related injury, a funeral subsidy will be paid from the labor insurance fund, the amount of which is two months' average salary of all workers and employees of the enterprise.
4.
Medical accident funeral expenses are calculated based on the average monthly wages of employees in the previous year at the location of the court where the lawsuit is filed, and are calculated as a total of six months.
The formula for calculating funeral expenses is: Funeral expenses = average monthly salary of local employees in the previous year (or the previous 12 months) * 6 months.
Compensation for the death of a retired worker includes funeral allowance and one-time pension.
Funeral subsidies and one-time relief payments to immediate family members will be paid in one lump sum based on the city's average social wages of 3 months and 10 months in the previous year respectively.
Relief fees for supporting immediate family members are paid to each person per month based on the sum of local living difficulty subsidy standards and price subsidies.
For those who support an immediate relative who is alone, the monthly living allowance received shall be 200% of the living difficulty subsidy standard for local urban enterprise employees. I hope the above content can be helpful to you. If you have other questions, please consult a professional.
lawyer.
Legal basis: Article 1179 of the "People's Republic of China and Civil Code" who infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. for treatment.
and reasonable expenses for rehabilitation expenses, as well as lost income due to missed work.
If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.
"The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 14 Funeral expenses are calculated based on the average monthly salary of employees in the previous year at the location of the court where the suit is filed, and are calculated as a total of six months.
Article 14 of the "Labor Insurance Regulations of the People's Republic of China" When workers and employees die due to illness or non-work-related injuries, funeral subsidies shall be paid under the labor insurance fund, the amount of which shall be for all workers and employees of the enterprise
The average salary is two months; in addition, under the labor insurance fund, according to the number of dependent immediate relatives, the amount of relief paid to the immediate family members of the deceased is six to twelve months' salary of the deceased.
Article 50 of the "Regulations on the Handling of Medical Accidents", compensation for medical accidents shall be calculated according to the following items and standards: (1) Medical expenses: The medical expenses incurred for treatment of the patient's personal damage caused by the medical accident shall be calculated and paid according to the receipt, but
Medical expenses for primary illness are not included.
If you really need to continue treatment after the case is closed, you will be paid according to the basic medical expenses.
(2) Lost work allowance: If the patient has a fixed income, the calculation shall be based on the fixed income reduced due to missed work. If the income is more than 3 times the average annual salary of employees in the place where the medical accident occurred in the previous year, the calculation shall be based on 3 times; if the patient has no fixed income
, calculated based on the average annual salary of employees in the year where the medical accident occurred.
(3) Hospitalization food subsidy: calculated according to the business trip food subsidy standards for general staff of state agencies where the medical accident occurred.
(4) Accompanying fee: If the patient requires a dedicated person to accompany him during hospitalization, it will be calculated based on the average annual salary of employees in the place where the medical accident occurred in the previous year.
(5) Disability living allowance: Based on the level of disability and calculated based on the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; however, for those over 60 years old, it shall not exceed 15 years; for those who are 70 years old
For the above, it shall not exceed 5 years.
(6) Disability equipment fee: If it is necessary to install compensatory functional equipment due to disability, it shall be calculated according to the cost of universal equipment with a certificate from a medical institution.
(7) Funeral expenses: Calculated according to the funeral expense subsidy standards stipulated in the place where the medical accident occurred.
(8) Living expenses of dependents: It is limited to those who were actually supported by the deceased and had no working ability before the deceased or the disabled person lost the ability to work, and calculated according to the minimum living security standard for residents in the place of their registered permanent residence or place of residence.
For those under the age of 16, they will be supported until they reach the age of 16.
For those who are over 16 years old but unable to work, they will be supported for 20 years; however, for those over 60 years old, it will not exceed 15 years; for those over 70 years old, it will not exceed 5 years.
(9) Transportation expenses: Calculated based on the patient’s actual necessary transportation expenses and paid accordingly.
(10) Accommodation expenses: Calculated in accordance with the business trip accommodation subsidy standard for general staff of state agencies where the medical accident occurs, and paid upon receipt.
(11) Mental damage solatium: calculated based on the average annual living expenses of residents in the place where the medical accident occurred.