The living expenses of the dependents shall be calculated according to the degree of loss of working ability of the dependents and the per capita consumption expenditure of urban residents and rural residents in the last year where the court of appeal is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 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.
Pay a monthly pension for dependent relatives at 30% of the employee's salary. According to Article 39 of the Regulations on Work-related Injury Insurance, if an employee dies at work and his children are under the age of 18, the work-related injury insurance fund will pay 30% of the employee's salary to support his relatives on a monthly basis until he reaches the age of 18 or loses the condition of supporting his relatives for other reasons. My salary refers to the average monthly payment salary of 12 months before the death of an employee due to an accident or occupational disease. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.
Provisions of the Ministry of Labor and Social Security on the Scope of Dependent Relatives of Workers who Died at Work Article 2 The term "dependent relatives of workers who died at work" as mentioned in these Provisions refers to their spouses, children, parents, grandparents, grandchildren, grandchildren, brothers and sisters. The children mentioned in these Provisions include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependent relationship, among which children born in wedlock and children born out of wedlock include children after death; The parents mentioned in these Provisions include biological parents, adoptive parents and stepparents who have a dependency relationship; "Brothers and sisters" as mentioned in these Provisions include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters who have a dependency relationship. Article 3 Persons who depend on the workers who died at work to provide their main source of livelihood as stipulated in the preceding article may apply for the pension for supporting relatives in accordance with the provisions: (1) They have completely lost their ability to work; (two) the spouse of the deceased employee, male over 60 years old, female over 55 years old; (3) The parents of the deceased employee, male over 60 years old and female over 55 years old; (4) The children of the deceased employees are under the age of 18; (five) the parents of the deceased employee have died, and the grandfather has reached the age of 60 and the grandmother has reached the age of 55; (six) the children of the deceased employees have died or completely lost their ability to work, and their grandchildren are under the age of 18; (7) The parents of the deceased employees have died or completely lost their ability to work, and their brothers and sisters are under the age of 18. Article 4 Pensioners shall cease to enjoy pension benefits under any of the following circumstances: (1) They have reached the age of 18 and have not completely lost their ability to work; (2) Being employed or joining the army; (3) The spouse of the deceased employee remarries; (4) Being adopted by others or organizations; ⑤ dead.
Legal basis:
Article 179 of the Civil Law stipulates that anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.