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Compensation standard for death caused by industrial injury in Xinyu

Compensation for work-related injury and death refers to that when an employee dies at work, his or her immediate family members 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 law. The standard of compensation includes: 1. The average monthly salary of employees in the last year in the planned area with a funeral subsidy of 6 months; The pension for the supporting relatives shall be paid to the relatives who provided the main source of livelihood and were unable to work before the death of the employee due to work according to a certain proportion of the employee's salary. The standard of one-time death allowance is the average monthly salary of employees in the last year in the overall planning area from 48 months to 60 months. The amount of compensation for death due to work-related injuries in Xinyu is determined according to the relevant statistical data of the previous year published by the government statistics department. Therefore, the parties concerned should check relevant data when calculating the amount of compensation for death caused by Xinyu industrial injury, so as to determine the calculation standard of compensation items.

Compensation standard for death caused by industrial injury in Xinyu

Compensation standard for death caused by industrial injury in Xinyu in 2024
1、 Funeral allowance
Expenses incurred during the funeral include:
1. Expenses for renting the venue for arranging the farewell ceremony of the deceased's former friends and relatives' remains, arranging the deceased's remains, cremation, transporting the dead, refrigerated parking of the dead, booking hearses, depositing ashes, purchasing tombstones, etc;
2. The places where burial is allowed according to regulations are the use fees for the burial of the dead, the expenses for purchasing coffins, and the necessary expenses for arranging banquets for relatives and friends of the dead in many rural areas, which do not exceed the standards set by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
2、 Pensions for dependent relatives
1. The spouse can obtain 40% of the employee's salary every month, provided that the spouse relies on the employee who died at work to provide the main source of income, and completely loses the ability to work, or the spouse of the employee who died at work has reached the age of 60 for male and 55 for female.
2. Each other relative can get 30% of the employee's salary every month. Other relatives refer to the children, parents, grandparents, maternal grandparents, grandchildren, grandchildren, brothers and sisters, etc. of the employee's relatives who died of industrial injury, except their spouse.
The conditions for other relatives to apply for pension for dependent relatives are as follows:
(1) Workers who died at work provide the main source of living before death;
(2) Completely losing the ability to work;
(3) The child of the employee who died of work-related injury is less than 18 years old;
The parents of the employee who died of industrial injury have all died, and his grandfather and maternal grandfather have reached the age of 60, and his grandmother and maternal grandmother have reached the age of 55; The children of the employee who died of work-related injury have died or have completely lost their ability to work, and their grandchildren are under the age of 18; The parents of the employee who died of work-related injury have died or have completely lost their ability to work, and their brothers and sisters are less than 18 years old.
3. An increase of 10% per person per month on the basis of the above standards for the elderly or orphans who are widowed or orphaned, that is, if the spouse of the employee who died of work-related injury is an elderly orphan, his/her monthly pension for supporting relatives is 50% of the employee's salary.
4. If the parents, grandparents, maternal grandparents, brothers and sisters of the employee who died from industrial injury are widowed or orphaned, or their children, grandchildren, grandchildren, brothers and sisters are orphans, they can receive 40% of the employee's salary as the monthly pension for supporting relatives.
5. If more than one relative of an employee who died of work-related injury is eligible to apply for the pension of dependent relatives, the sum of the approved pension of each dependent relative shall not be higher than the salary of the employee who died of work-related injury.
3、 One time death allowance
1. Subject of payment: industrial injury insurance fund (if the employer does not participate in industrial injury insurance, the employer shall pay.)
2. Subject of enjoyment: immediate family members (including parents, children and spouses) of employees who died due to work.
3. The one-time death allowance is the material compensation for the immediate family members of the deceased employees. Therefore, the one-time death allowance should be equally distributed among the first order heirs with reference to the provisions of legal inheritance.

Xinyu Industrial Injury Death Compensation Project

Xinyu Industrial Injury Death Compensation Project in 2024
1、 Funeral allowance
2、 Pensions for dependent relatives
3、 One time death allowance

Calculation method of death due to industrial injury in Xinyu

Calculation formula of death compensation for Xinyu industrial injury in 2024
1、 Funeral allowance
Calculation formula: funeral allowance=6 months * average monthly salary of employees in the last year in the overall planning area.
2、 Pensions for dependent relatives
1. The formula for calculating the spouse pension: the salary of the deceased employee * 40%/month=the spouse pension.
2. Calculation formula of pension for other relatives: salary of the deceased employee * 30%/person/month=pension for other relatives
3. An increase of 10% per person per month on the basis of the above standards for the elderly or orphans who are alone or widowed.
3、 One time death allowance
1. Standard: 20 times the per capita disposable income of urban residents in China last year.
2. Calculation formula: one-time work death subsidy=per capita disposable income of urban residents in the previous year X yuan * 20
Remarks: First, the immediate family members of disabled employees who died due to work-related injury during the period of stoppage with pay shall enjoy the funeral allowance, pension for supporting relatives and one-off work-related death allowance as specified in the first paragraph of this article; The immediate family members of the disabled staff and workers of the second, first and fourth grades who died after the expiration of the period of suspension with salary may enjoy the treatment of funeral subsidies and pension for supporting relatives.
Economic data of Xinyu in 2024:
1、 Per capita disposable income of urban households in Xinyu last year: 21873 yuan/year
2、 Per capita net income of Xinyu farmers in the previous year: 8781 yuan/year
3、 The annual consumption expenditure of Xinyu urban residents in the previous year: 13851 yuan/year
4、 Annual living consumption expenditure of Xinyu farmers in the previous year: 5654 yuan/year
5、 The average salary of new employees in the previous year: 43582 yuan/year, 3631.83 yuan/month (43582 yuan/year ÷ 12), 119 yuan/day (43582 yuan/year ÷ 365)

The Xinyu death compensation standard for work-related injuries was updated in 2024 from government websites, media and other public publications. If the content is wrong, please call the national customer service hotline 400-64365-60.

The above compensation standards are for reference only. Recommended for you: Xinyu Lawyer

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