I. Civil compensation
Compensation should be made for medical expenses, funeral expenses, living expenses of the dependents, death compensation, and other reasonable expenses such as transportation, accommodation and lost time for the relatives of the victims to handle the funeral.
These include:
1. Funeral expenses are calculated according to the average monthly salary of employees in the province, municipality directly under the central government and autonomous region in the previous year, with a total amount of six months;
2. If the mother belongs to the dependent, the living expenses shall be calculated according to the annual per capita living expenses standard of local rural residents, and the payment shall be over 5 years;
3, death compensation according to the provinces, municipalities directly under the central government, autonomous regions, urban residents disposable income of 20 times the compensation.
The principle of fault applies to civil compensation. If the victim is at fault, the infringer's liability for compensation may be reduced.
Second, compensation for work-related injuries.
1, the funeral subsidy is paid according to the average monthly salary of employees in the overall planning area for 6 months;
2. If the mother is a dependent immediate family member, the dependent family pension shall be paid monthly at 30% of the employee's salary until his death;
3. The standard of one-time work-related death subsidy is paid at 20 times of the per capita disposable income of urban residents in the previous year.
Legal basis:
1, Article 42 of the Social Insurance Law;
2. Articles 2, 17, 19, 20, 21, 22, 23, 24, 27, 28 and 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No.20);
3. Article 14, paragraph 1, and Article 39 of the Regulations on Industrial Injury Insurance;
4. Article 9 of the Supreme People's Court's Provisions on Several Issues Concerning the Trial of Administrative Cases of Industrial Injury Insurance (Fa Shi [2014] No.9).