How to compensate for the death of social security work-related injury insurance

Legal analysis: (1) Funeral allowance is the average monthly salary of employees in the last year for six months in the overall planning area; (2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. The standard is: 40% for spouse and 30% for other relatives. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. (three) the standard of one-time work death allowance is 20 times of the per capita disposable income of urban residents in the previous year.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 38 The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:

(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;

(2) Hospitalization food subsidies;

(three) transportation and accommodation expenses for medical treatment outside the overall planning area;

(four) the cost of installing and configuring assistive devices for the disabled;

(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs;

(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;

(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;

(nine) labor ability appraisal fee.

Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:

(a) wages and benefits during the treatment of work-related injuries;

(two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;

(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums according to law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.

The industrial injury insurance benefits paid in advance from the industrial injury insurance fund shall be repaid by the employer. If the employer fails to repay, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.