[Direct answer]There are two payments. After a worker dies from work-related injuries, his or her close relatives can legally receive three benefits: funeral assistance, dependents' pensions, and a one-time work-related death compensation. Among these, funeral assistance and one-time work-related death compensation are two separate payments. According to Article 39 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010 and implemented on January 1, 2011), the funeral assistance is set at six months' average monthly wage of workers in the previous year in the coordinated area; the standard for one-time work-related death compensation is 20 times the per capita disposable income of urban residents in the previous year. If the employer has not participated in the insurance, the employer shall pay according to the above-mentioned items and standards. For specific standards, please refer to the relevant documents.Labor arbitration and legal services for work-related injury compensation.

I. Problem Background and Typical Scenarios

There are many items of compensation for work-related deaths, and the calculation standards are detailed. Families often confuse several sums of money with each other. Typical problems include: the employer is only willing to provide a "condolence money", without distinguishing between funeral assistance and one-time work-related death compensation; the monthly support for dependents is required to be bought out in one lump sum; close relatives have disputes over how to distribute the one-time work-related death compensation among spouses, children, and parents; and the employer refuses to pay or lowers the standard when it is not insured. Clarifying the nature, recipients, and calculation methods of each sum of money is the basis for negotiation and litigation. Work-related accidents are often accompanied by factors such as safety production and occupational diseases, and related disputes can be addressed in conjunction with these factors.Personal injury and medical dispute servicesComprehensive evaluation.

II. Key points of dispute

There are three main points of contention. Firstly, the nature of the payments differs: the funeral subsidy is used to cover funeral expenses, the one-time work-related death compensation is a one-time compensation for close relatives, and the dependents' pension is a long-term support for relatives who relied on the deceased worker for their main source of livelihood and who are unable to work. The recipients and functions of these three payments are different. Secondly, the calculation basis differs: the funeral subsidy is calculated based on the average monthly wage of workers in the pooled area of the previous year, and the one-time work-related death compensation is calculated based on 20 times the per capita disposable income of urban residents in the previous year. The data is updated annually and must be calculated based on the year corresponding to the time of the worker's death. Thirdly, the internal distribution of the one-time work-related death compensation is not considered part of the estate. In principle, it is divided equally among close relatives, but the specific shares may lead to disputes, which can be resolved with the help of legal means.Inheritance succession and family property division servicesClarify.

III. Professional analysis by Hengluo Lawyers

Based on practical experience in handling cases involving work-related deaths, lawyers usually proceed in three steps: "identification - calculation - application". The first step is to confirm the labor relationship and the conclusion of the work-related death identification; the second step is to calculate the three types of benefits in accordance with Article 39 of the "Regulations on Work-related Injury Insurance", noting that the funeral subsidy is calculated using the average monthly wage of workers in the pooled area of the previous year, and the one-time work-related death subsidy is calculated using the per capita disposable income of urban residents in China in the previous year. Mismatch of annual data is a common mistake; the third step is for the next of kin to apply to the social security agency or claim from the employing unit. If the unit fails to insure or refuses to pay, Article 41 of the "Social Insurance Law" allows them to apply for advance payment from the work-related injury insurance fund. When handling similar cases in Beijing, lawyers will also remind families to pay attention to the qualification verification and suspension of pensions for dependents, to avoid long-term interruption of benefits, and to provide necessary assistance when necessary.Creditor-debtor relations and enforcement case servicesEnsure implementation.

IV. Practical suggestions and legal basis

The legal basis is Article 39 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010 and implemented on January 1, 2011): The funeral subsidy is equal to six months of the average monthly wage of workers in the coordinated area in the previous year; the dependents' pension is paid to relatives who were the main sources of livelihood for the deceased workers and who are unable to work, according to a certain percentage of the worker's salary. The standard is 40% of the monthly salary for the spouse, 30% for each other relative, and an additional 10% for single elderly people or orphans. The total amount of pensions for all dependents should not exceed the deceased worker's pre-death salary; the one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year. If the employer has not participated in the insurance, the employer shall pay according to the same standard. Practical suggestions: The family members should separately calculate the three payments; request the work-related death identification decision and the death certificate; calculate according to the corresponding annual data; confirm the details of the benefits with the social security agency or the employer in writing; for disputes over the distribution of benefits, first negotiate and then litigate. For disputes over the payment of benefits, reference can be made to the relevant provisions of the Work-Related Injury Insurance Regulations and the Social Insurance Law.Special services and other case servicesObtain professional support.

5. Henglu Law Firm's Advice

The three payments for work-related death benefits have different natures and calculation methods. Do not be misled by the claim of "settling the matter once and for all". The funeral assistance and one-time work-related death benefits are calculated according to fixed standards with clear amounts; the pensions for dependents are paid monthly and require regular verification of the relatives' eligibility. When applying for the benefits, families should check the calculation data for the relevant year. The amount of one-time work-related death benefits is relatively high. During negotiations, be vigilant against employers who attempt to reduce the compensation by offering installment payments or discounts. If the employer has not participated in social insurance, claimants can legally demand that the employer pay the full amount or apply for advance payment from the fund. For disputes over the distribution of benefits among close relatives, it is recommended to negotiate fixed shares as soon as possible and, if necessary, seek legal assistance to resolve the matter.Labor arbitration and legal services for work-related injury compensationThe channel advises that you should avoid delaying the overall application process.

VI. Frequently Asked Questions

Q1: Are the funeral subsidies and work-related death compensation two separate payments, and how many payments are there in total for work-related death benefits?

There are two payments, and the total amount of compensation for work-related deaths is three payments. According to Article 39 of the "Regulations on Work-Related Injury Insurance", if a worker dies from work-related injuries, his or her close relatives can receive funeral assistance, dependents' pensions, and a one-time compensation for work-related deaths from the work-related injury insurance fund. Among them, the funeral assistance is six months of the average monthly wage of workers in the coordinated area of the previous year, which is used to handle funeral matters; the standard of one-time compensation for work-related deaths is 20 times the per capita disposable income of urban residents in the previous year, which is a one-time compensation for close relatives; and the dependents' pensions are paid monthly to relatives who rely on the deceased worker for their main source of livelihood and have no working ability. If the employer has not participated in the insurance, all three payments shall be paid by the employer according to the same standards.

Q2: What evidence materials are required to apply for work-related death benefits?

The core materials include: the decision on work-related injury identification (confirming the nature of the work-related death), the death certificate and cremation certificate, the proof of the relationship between the deceased worker and his/her close relatives (household registration booklet, marriage certificate, birth certificate), the assessment or proof materials of the dependent relatives' loss of labor capacity, the employer's social insurance payment records (if not insured, the employer shall bear the responsibility), and the salary and statistical data needed for calculating the benefits. For those applying for the pensions for dependent relatives, it is also necessary to prove that the relative relied on the deceased worker for the main source of living and had no labor capacity. The materials should be collected into three categories: "work-related death facts - relative qualification - benefit calculation". Before submission, the items should be checked and confirmed in writing with the social security agency or the employer to avoid omissions.

Q3: How much does it cost to resolve disputes over compensation for work-related deaths?

The labor arbitration does not charge fees for disputes over compensation; if the party is not satisfied with the arbitration result and files a lawsuit, the litigation fees shall be calculated according to the "Measures for the Payment of Litigation Fees" based on the amount of the claim, and the losing party shall bear the fees or share them proportionally. The attorney's fees shall be negotiated between the client and the law firm, usually charged on a per-case basis or as a percentage of the claim amount. Work-related death cases involve multiple stages of identification, calculation, and claim filing, and the specific fees shall be subject to the terms of the contract. There is no uniform standard for this. It should be noted that the one-time work-related death compensation accounts for the largest proportion of the three types of compensation. The calculation base is updated annually. Before entrusting the lawyer, the client may require the lawyer to first calculate the total amount and then negotiate the fee-charging method to ensure that the cost of protecting rights matches the benefits obtained.

Q4: How long does it usually take to resolve disputes over compensation for work-related deaths?

If the employer cooperates and the employee is enrolled in social insurance normally, the next of kin can apply to the social insurance agency after preparing all the necessary materials. The review and payment process is generally completed within 60 days after acceptance, or it may take several months. In case of disputes, it is necessary to first confirm the labor relationship and complete the work-related injury identification: The social insurance administrative department shall make a decision within 60 days from the date of accepting the application for work-related injury identification. If the applicant disagrees with the conclusion, the review or litigation period will be even longer. If the dispute over benefit payment enters labor arbitration, the arbitration stage typically lasts several months. For ordinary procedures in the first instance of the court, it takes six months, and for summary procedures, it takes three months. An appeal will add about three months. If the employer refuses to pay despite not being enrolled in social insurance, the overall process may take more than a year. It is recommended to initiate the process as soon as possible and simultaneously preserve the employer's assets.

Q5: How should family members apply for work-related death benefits, and what is the first step to take?

The first step is to obtain the conclusion of work-related death determination: After confirming the labor relationship, the employer shall apply for work-related injury determination within 30 days from the date of the accident injury. If the employer fails to apply, the next of kin may directly apply to the social insurance administrative department of the coordinated area within one year. After obtaining the determination decision, the second step is to calculate the three benefits in accordance with Article 39 of the Work-Related Injury Insurance Regulations and determine whether the fund or the employer shall pay based on the insured's record. The third step is to submit the application materials to the social insurance agency or make a written claim to the employer, and keep the receipt records. If there are disputes over the items or amounts, first verify them in writing and, if no agreement is reached, apply for labor arbitration. For disputes over internal distribution, it is recommended to clarify the shares in advance through consultation and, if necessary, consult a lawyer.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudicative opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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 open 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. In case of disputes, please consult a practicing lawyer in time.