When a worker dies from a work-related cause, who must the employer pay, and which family members fall within that group?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the papers showing the cause of the worker's death in relation to the work, the employment records that establish the worker's status, and the papers identifying the deceased's surviving relatives and their relationship to the worker.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's structure literally: where a worker has died from a work-related cause, the employer must pay bereaved family compensation, in the amount of the average wage days the provision sets, to the bereaved family, without delay after the death.
Another reading notes that the provision defines neither who counts as a bereaved family member nor the order of entitlement, and sends both to a Presidential Decree, so the statutory text alone does not settle which relative, among several survivors, is entitled to be paid.
Your judgment
Where a file lists several surviving relatives, what evidence would show which of them the Presidential Decree places first in the order of entitlement?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the Presidential Decree defining the scope and order of the bereaved family is amended, or if a court decision construes who must be paid where relatives disagree.