Compensation standard for industrial injury death in Chengdu in 2022

I. Standard for Compensation for Death and Work-related Injury in Chengdu If an employee dies at work, his immediate family members shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions: (1) The funeral subsidies shall be the average monthly salary of employees in the overall planning area for six months; (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: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of labor security of the State Council; (three) the standard of one-time work death subsidy is the average monthly salary of employees in the overall planning area for 48 months to 60 months. Specific standards shall be formulated by the people's government of the overall planning area according to the local economic and social development and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record. (Average Wage of Workers in Chengdu for 50 Months (Cheng Ban Fa [2003] No.48) If a disabled worker dies at work during his paid suspension, his immediate family members shall enjoy the treatment specified in the first paragraph of this article. If a disabled worker of Grade 1 to Grade 4 dies after the expiration of the suspension of work with pay, his immediate family members may enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article. Second, the proportion of social security work-related injuries in Chengdu has different degrees of work-related injuries in different industries. From low to high, it is divided into one to eight occupations, and the corresponding payment ratio is as follows. The proportion of work-related injury payment for a class of occupations =0.2%× average monthly salary of employees in last year =0.4%× average monthly salary of employees in last year =0.7%× average monthly salary of employees in last year =0.9%× average monthly salary of employees in last year = 1. 1. The work-related injury payment ratio of six occupations = 1.3%× the average monthly salary of employees in last year = 1.6%× the average monthly salary of employees in last year× the work-related injury payment ratio of eight occupations = 1.9%× the average monthly salary of employees in last year. For example, the average monthly salary of Chengdu in 20 19 years is 5425 yuan. Assuming that the average monthly salary of Class I employees in 20 17 years is 3,000 yuan, which is between 50% and 150% of the average monthly salary in Chengdu last year, the work-related injury insurance premium that the company should pay for this employee = 0.2% × 3,000 = 6 yuan.

Legal objectivity:

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 15 The death compensation shall be calculated according to the per capita disposable income standard of urban residents in the previous year where the Court of Appeal is located, and the calculation period shall be 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.