A list of compensation standards for work-related deaths in 2023

The list of compensation standards for work-related deaths in 2023 is as follows:

1. Medical expenses, registration fee, medical fee, examination fee, hospitalization fee, the compensation obligor shall bear the burden of proof if he disagrees with the necessity of the treatment;

2. Lost wages, determined according to the victim's lost time at work and his income status. Lost time at work is determined according to the certificate issued by the medical institution where the victim received treatment. If the victim continues to miss work due to disability, the time missed from work can be calculated up to the day before the date of determination of disability. Calculated in accordance with the average income of the last three years from the victim can not prove the average income of the last three years;

3, nursing costs, nursing costs, according to the income status of the caregiver and the number of nursing care, nursing period to determine. If the caregiver has income, it shall be calculated with reference to the provisions on lost wages, and if the caregiver has no income or employs a caregiver, it shall be calculated with reference to the standard of labor remuneration for a local caregiver engaged in the same level of care. The period of nursing care shall be calculated until the victim regains the ability to take care of himself or herself. The care of the victim after the disability, should be based on the degree of dependence on its care and combined with the configuration of disability aids to determine the level of care;

4, transportation costs, transportation costs should be based on official bills; the relevant documents should be consistent with the place of medical treatment, time, number of people, the number of times;

5, the accommodation costs, refers to the victim of the road accident, as well as to participate in the handling of the accident, the victim and the relatives of the parties involved in the accident to go to the hospital to diagnose and treat the accident. After the road traffic accident, the victim and the relatives of the parties involved in the process of going to the hospital for treatment, transfer, and dealing with matters related to traffic accidents, the accommodation costs incurred by the compensation obligations in accordance with certain standards for the cost of a certain degree of compensation;

6, meal allowance, hospital meal allowance can be based on the local state organs of the general staff of the business trip to be determined by the standard of the meal allowance. If it is necessary for the victim to go abroad for treatment, and the victim cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and meal expenses actually incurred by the victim himself or herself, as well as the accompanying persons, shall be compensated;

7. Nutritional expenses, nutritional expenses refer to the expenses incurred by the victim in purchasing nutritious products other than the daily diet in order to assist in the treatment or to enable the body to recover as soon as possible. Whether the victim needs supplementary nutrition shall be determined on the basis of the opinion of the treating hospital or forensic doctor. Nutrition payment standard can be based on the actual need for supplemental nutrition of the victim discretionary;

8, disability compensation, disability compensation, the victim suffered personal injury due to disability and loss of full or partial loss of working capacity of property compensation. According to the degree of loss of labor capacity of the victim or disability grade. Victims due to disability, but the actual income has not been reduced, or disability grade is less serious but caused occupational nuisance seriously affect their employment, disability compensation can be adjusted accordingly. Compensation for disability compensation is divided into urban per capita disposable income and rural per capita income standards;

9, disability aids, disability aids, disability aids fees are calculated in accordance with the standard of reasonable costs of ordinary applicable appliances. The replacement cycle and compensation period of the auxiliary aids shall be determined with reference to the opinion of the dispensing organization;

10. Funeral expenses, the funeral expenses shall be calculated in accordance with the standard of the average salary of the employees of the previous year in the place where the court under appeal is located, and the total amount shall be calculated in six months;

11. Consumption expenditure and rural residents per capita annual living consumption expenditure standard calculation. If the dependent is a minor, it is calculated until the age of eighteen; if the dependent is incapable of labor and has no other source of livelihood, it is calculated for twenty years. However, if the sixty keys prepare for the dust of the age of one year or more, the age of each additional year is reduced by one year; if the age of seventy-five years or more, the calculation is based on five years.

The process of receiving compensation for work-related injuries:

1, first by the unit or the employee side of the law to apply for work-related injuries, to receive the work-related injuries decision letter;

2, and then to the social security agencies to apply for compensation, and submit the decision letter of the determination of the work-related injuries, medical bills and other materials; and then social security agencies to review; and finally after the review and approval of the corresponding compensation costs issued.

In summary, the state has specific relevant legal provisions for injuries, disabilities and deaths caused by work.

Legal basis

Article 39 of the Regulations on Work-Related Injury Insurance

When an employee dies at work, his or her next of kin shall receive from the Work-Related Injury Insurance Fund a funeral grant, a dependent's pension and a lump-sum benefit for the death of the worker in accordance with the following provisions:

(1) the funeral grant shall be six months of the average monthly salary of the employees of the co-ordinating area in the preceding year;

(2) the funeral grant shall be the average monthly salary of the employees of the co-ordinating area in the preceding year. (B) the dependent relatives pension in accordance with a certain percentage of the employee's own salary to the employee died at work to provide the main source of living, incapable of labor relatives. The standard is 40% per month for spouses, 30% per month for each of the other relatives, and 10% per month for each of the widows and orphans on top of the above standard. The sum of the approved pensions for each dependent relative shall not be higher than the salary of the employee who died at work before his or her death. The specific scope of the dependent relatives shall be stipulated by the social insurance administrative department of the State Council;

(3) The standard of the one-time death benefit shall be 20 times the per capita disposable income of urban residents nationwide in the previous year.

If a disabled employee dies as a result of a work-related injury during the period of time off work without pay, his or her close relatives shall enjoy the treatment provided for in the first paragraph of this Article.

If a Grade I to Grade IV disabled employee dies after the expiration of the period of stay of pay, his close relatives shall enjoy the treatment stipulated in paragraph 1 (a) and (b) of this Article.