Compensation standard for death caused by industrial injury 2024

I Compensation for work-related injury and death standard

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On January 21, 2019, the National Bureau of Statistics released the 2018 Household Income and Consumption Expenditure on its official website. According to the latest statistics released, in 2018, the per capita disposable income of residents nationwide was 28228 yuan, a nominal increase of 8.7% over the previous year, and an actual increase of 6.5% after deducting price factors. Among them, the per capita disposable income of urban residents was 39251 yuan, up 7.8%, and the real growth was 5.6% after deducting the price factor; This statistic is right Injury on-the-Job The one-time death allowance for employees has a direct impact.

Basis《 Regulations on Work Injury Insurance 》Article 39 stipulates that if an employee dies at work, his or her close relatives shall be removed from the employment injury insurance The fund receives funeral subsidies Pensions for dependent relatives And a one-time death benefit.

According to the provisions of the second paragraph of Article 62 of the Regulations on Industrial Injury Insurance, if an employee of an employing unit who should participate in industrial injury insurance but has not participated in industrial injury insurance suffers from industrial injury, the employing unit shall pay the expenses according to the items and standards of industrial injury insurance benefits specified in the Regulations on Industrial Injury Insurance.

Therefore, if an employee dies due to work, his or her close relatives can receive three expenses, namely, funeral allowance, pension for supporting relatives and one-time death allowance. The three expense standards are as follows:

1. One time death allowance

The standard is 20 times the per capita disposable income of urban residents in the previous year. This standard is subject to change every year, with an increase of at least tens of thousands of yuan per year.

Formula: per capita disposable income of urban residents in China × 20

According to the latest data released by the National Bureau of Statistics, the per capita disposable income of urban residents nationwide in 2018 was 39251 yuan.

Therefore, in 2019, the one-time death allowance standard is 39251 yuan × 20=785020 yuan.

As the Regulations on Work Injury Insurance are uniformly implemented throughout the country, the national unified standard for the one-off death benefit in 2019 is 785020 yuan, an increase of 57100 yuan compared with 727920 yuan in the previous year. This standard has no geographical distinction and is unified nationwide.

2. Funeral allowance

Monthly average of employees in the last year in the planned area where the funeral subsidy is 6 months wages 。 This standard also changes every year.

Formula: local social average wage × 6;

For example, according to JRSGF [2018] No. 115, Beijing At present, the social average wage is 8467 yuan, so the funeral subsidy is 8467 yuan × 6=50802 yuan.

3. Pensions for dependent relatives

A certain proportion of the employee's salary shall be paid to the relatives who provided the main source of income and were unable to work after the death of the employee. The standard is: 40% per month for spouses, 30% per month for other relatives, and 10% per month for the elderly or orphans. Approved supporting relatives Pension The sum shall not be higher than the wages of the dead workers;

Formula: spouse: the salary of the deceased × 40% (paid monthly);

Other relatives: salary of the deceased × 30% (per person per month);

The elderly or orphans: 10% more than the above standards;

At the time of initial verification, the sum of the above pensions shall be ≤ the employee's monthly salary (calculated on a monthly basis).

Note: The above standards are based on the provisions of the Regulations on Industrial Injury Insurance and the latest statistical data.

2、 Relevant laws and regulations

Regulations on Industrial Injury Insurance Article 39 If an employee dies at work, his or her close relatives shall receive funeral subsidies, pension for supporting relatives and one-off death subsidies from the work injury insurance fund in accordance with the following provisions:

（1） The funeral subsidy is the average monthly salary of the staff and workers in the planned area of the previous year for 6 months;

（2） 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 is: 40% per month for spouses, 30% per month for other relatives, and 10% per month for the elderly or orphans. The sum of the verified pensions of the supporting relatives shall not be higher than the living wages of the employees who died due to work. The specific scope of supporting relatives shall be determined by the State Council social insurance Administrative department regulations;

（3） The one-time work death subsidy standard is 20 times of the per capita disposable income of urban residents in the previous year.

permanent disability Employees in Suspension with salary In case of death due to internal work-related injury, their close relatives shall enjoy the treatment specified in the first paragraph of this article.

If an injured or disabled worker of Grades I to IV dies after the expiration of the period of suspension with salary, his or her close relatives may enjoy the treatment prescribed in Items (1) and (2) of the first paragraph of this article.

If an employee dies at work, he/she should make corresponding compensation for his/her close relatives after making a determination. There are three main items involved, including Funeral expenses One time death allowance and pension for dependent relatives. The total pension of each dependent relative shall not be higher than the salary of the deceased employee. In addition, there are different standards for providing relatives with different status.