[Direct answer]In the Beijing area, the funeral subsidy is equal to six months of the average monthly wage of workers in the coordinated area for the previous year. Article 39 of the "Regulations on Work-Related Injury Insurance" (revised in 2010) stipulates that if a worker dies from work-related injuries, their close relatives may receive funeral subsidies, dependents' pensions, and one-time death benefits from the work-related injury insurance fund in accordance with the following provisions: the funeral subsidy is equal to six months of the average monthly wage of workers in the coordinated area for the previous year; the dependents' pensions are paid to relatives who were the main sources of livelihood for the deceased worker and who are unable to work, in accordance with a certain percentage of the worker's salary; and the one-time death benefits are set at 20 times the per capita disposable income of urban residents in the previous year. Therefore, the calculation standards for these three benefits vary, and the funeral subsidy changes with the average monthly wage of workers in the coordinated area. If the employer fails to participate in work-related injury insurance in accordance with the law, the above-mentioned expenses shall be paid by the employer.

I. Problem Background and Typical Scenarios

After a worker dies on the job, the family members not only have to deal with the bereavement, but also have to handle the work-related death benefits. They often don't know what items are included, who will pay the benefits, and how the amount is calculated. Some units reduce the benefits or delay the payment for various reasons, so the family members urgently need to clarify the standards and claim their rights according to the law. The calculation base of the three benefits is different from the annual data, and when calculating the benefits, it is necessary to refer to the latest published data in the coordinated area and the whole country respectively.

II. Key points of contention

First, the components of the compensation for work-related deaths. Second, the calculation standards for funeral subsidies and one-time compensation for work-related deaths. Third, the scope of dependents and the standard of pensions. Fourth, the payment entities in the case of non-insurance. Fifth, the application procedures and dispute resolution.

III. Professional analysis by Henglue Law Firm

Henglue Lawyer explained the composition of benefits and the claim process. Firstly, the project consists of three items: funeral subsidies, dependents' pensions, and one-time work-related death compensation, which correspond to funeral expenses, long-term living support, and one-time compensation respectively and cannot be substituted for each other. Secondly, the calculation basis: funeral subsidies are six months' average monthly wage of workers in the unified area of the previous year; one-time work-related death compensation is 20 times the per capita disposable income of urban residents in the previous year. The two have different bases and need to be calculated according to the data of the corresponding year. Thirdly, dependents' pensions: it is paid to relatives who rely on the deceased for their main living sources and have no ability to work according to a certain proportion of the worker's salary, and the specific proportion is implemented in accordance with the regulations. Proof of kinship and support relationship is required. Fourthly, the payer: for those who have participated in the insurance, the work-related injury insurance fund pays; for those who have not participated in the insurance, the employer pays in accordance with Article 62 of the Regulations, and the family can directly claim from the employer. Fifthly, dispute resolution: for disputes over work-related death identification or benefit payment, administrative reconsideration or labor dispute arbitration and litigation can be applied for; for disputes involving the confirmation of labor relations, separate claims need to be made. When handling work-related death benefits in Beijing, it is recommended to confirm the list of materials with the handling agency as soon as possible to avoid delays.

IV. Practical suggestions and legal basis

Action recommendations: First, apply for work-related injury identification and confirm the insured status in a timely manner; Second, prepare proof of kinship and dependency, and calculate the three types of benefits; Third, keep receipts and communication records, and claim from the fund or the unit; Fourth, in case of refusal to pay, seek relief through arbitration or reconsideration in a timely manner. In addition, if the death of the worker is caused by the infringement of a third party, the close relatives can, while obtaining the death benefits in accordance with the law, also claim compensation for civil infringement separately. The relationship between the two needs to be determined based on the specific circumstances. For issues involving work-related injury benefits and death compensation, you can refer to the relevant provisions.Labor arbitration and work-related injury compensationFor cases involving personal injury compensation, you can refer to the following guidelines.Personal injury and medical disputesLegal basis: Article 39 and Article 62 of the "Regulations on Work-Related Injury Insurance" (amended in 2010), and relevant provisions of the "Social Insurance Law of the People's Republic of China". The specific application shall be subject to the currently effective laws and regulations and local standards.

5. Henglu Law Firm's Advice

Firstly, there are three types of compensation for work-related deaths, and you shouldn't just claim one of them. Secondly, the calculation basis for funeral assistance and one-time compensation for work-related deaths are different. Thirdly, to claim the survivor's pension, you need to prove the dependency relationship. Fourthly, the expenses not covered by insurance shall be borne by the employer. For issues related to work-related death compensation, you can seek legal assistance through the following channels:Labor arbitration and work-related injury compensationThe service obtains a comprehensive solution, and cases involving personal injury compensation can be integrated into it.Personal injury and medical disputesFor reference, you can check the sections related to employee hiring and compensation in the contractBusiness and contract disputes in enterprisesFor any questions regarding difficult cases, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: How much is the funeral subsidy?

It refers to the average monthly wage of employees in the coordinated area for the previous year. Due to the differences in the average monthly wage of employees in different regions, the specific amount needs to be calculated according to the data announced by the insured area or the coordinated area.

Q2: What other benefits are provided in the event of a work-related death?

In addition to the funeral assistance allowance, there are also dependents' pensions and one-time work-related death compensation. The one-time work-related death compensation is 20 times the per capita disposable income of urban residents in the previous year.

Q3: How is the survivor's pension calculated?

It shall be paid to the relatives who were the main sources of living for the deceased and who are unable to work, in accordance with a certain percentage of the employee's own salary. Proof of kinship and support relationship is required. The specific percentage shall be implemented in accordance with the current regulations.

Q4: What should I do if my employer hasn't purchased work injury insurance for me?

The relevant compensation for work-related deaths shall be paid by the employing unit in accordance with the items and standards stipulated in the regulations, and the family members may directly claim it from the unit. If the unit refuses to pay, the family members may apply for labor dispute arbitration or file a lawsuit.

Q5: What should I do if my salary is being suppressed?

First, check the calculation standards and criteria and claim against the handling agency or unit; if no agreement can be reached, you can apply for administrative reconsideration if you are not satisfied with the payment decision. If it is the unit's responsibility, you can seek remedies through labor arbitration or litigation.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers on specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.