For the employees who died at work, the Industrial Injury Insurance Foundation paid the average salary of local employees last year for 6 months as funeral expenses. For example, the average salary of local employees last year was 6,000, and they could receive 36,000 funeral expenses. Relatives of deceased employees who need support can receive pensions. Generally, their spouses can receive 40% of the living wage every month, and other relatives can receive 30%. However, the sum of pensions received by all employees shall not be higher than the living wage of the deceased employee.
The funeral expenses are calculated as the total amount of six months according to the average monthly salary of employees in the last year where the Court of Appeal is located. Funeral expenses refer to the funeral expenses incurred in burying the victims whose relatives died when the victims died due to the violation of the right to life of natural persons. It is generally used for clothing, plastic surgery, body preservation, transportation, farewell ceremony, cremation, urn and bone preservation of the deceased. This is obviously a property loss, and the compensation obligor for this loss must pay compensation. The funeral expenses are equal to the average monthly salary of employees in the last year where the Court of Appeal is located multiplied by 6 months.
legal ground
"Regulations on Work-related Injury Insurance" Article 39 If an employee dies at work, his close relatives shall receive funeral subsidies, pension for dependent relatives and one-time work-related death subsidies from the work-related injury insurance fund in accordance with the following provisions:
(a) the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 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 social insurance of the State Council.
Interpretation of several issues concerning the application of law in the trial of personal injury compensation cases Article 27 The funeral expenses shall be calculated according to the average monthly salary of employees in the last year where the court of appeal is located, and the total amount shall be six months.