"If a traffic accident causes death, the legal heir of the deceased or the person who undertakes funeral obligations has the right to demand payment of funeral expenses. In the past, it was limited to the necessary expenses paid by the families of the deceased for burying the deceased.
Many provinces and cities' funeral compensation standards are handled in accordance with the principles of the State Council's "Interim Provisions on Funeral Management" and the provisions of traffic accidents, and are limited to the total income of the deceased for six months before his death. About 3000-4000 yuan. Generally, it includes the transportation fee and cremation fee of the corpse. Reasonable expenses such as the purchase of urn, the first-phase ashes storage fee, the labor fee paid by the hired personnel, and the necessary transportation expenses.
However, if it exceeds the above-mentioned standards and is really necessary after examination by the court, compensation may be calculated according to the actual loss of funeral expenses. The expenses incurred by the family members of the deceased who refuse to implement the funeral decision of the relevant departments within a time limit without justifiable reasons shall not be compensated.
According to the judicial interpretation, the average monthly salary of employees in the place where the Court of Appeal is located in the previous year is calculated by the total amount of six months. This standard is the most concise and convenient.
Funeral expenses refer to the one-time expenses used for funeral matters when employees die or are disabled or resign. Paid by the original work unit. According to the relevant national labor insurance regulations, the amount is generally the average salary of all employees of the enterprise for three months.
When a staff member of a state organ dies, regardless of the level of the staff member, the funeral-related expenses are paid in a lump sum according to the prescribed amount, and the family members will master the lump sum use.
Article 37 If an employee dies, his immediate family members shall receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies from the industrial injury insurance fund in accordance with the following provisions:
Funeral subsidy is the average monthly salary of employees in the last six months in the overall planning area; If a disabled employee dies at work during the paid suspension period, his immediate family members shall enjoy the treatment stipulated in the first paragraph of this article;
If a disabled worker of Grade 1 to Grade 4 dies after the expiration of the suspension of work with pay, his immediate family members may enjoy the treatment specified in Items (1) and (2) of the first paragraph of this article.
References:
Official website, the Supreme People's Court, People's Republic of China (PRC)