If a worker on a construction site has a cerebral infarction during his break, is it considered a wo

According to the regulations on work-related injury insurance, during working hours and at work, if a person dies of sudden illness or dies within 48 hours after rescue is ineffective, it can be regarded as a work-related injury.

Is it a work-related injury to have a cerebral infarction during a break from a high-altitude building on a construction site?

According to Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be recognized as a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Legal Analysis: Not Considered a Work Injury. A worker's sudden cerebral infarction is a sudden illness and should be treated as an illness, not a work-related injury. Medical expenses shall be handled in accordance with the provisions of medical insurance, and during the period of work stoppage**, the employer shall pay sick leave wages at a rate not lower than 80% of the local minimum wage.

Legal basis: Article 15 of the Regulations on Work-related Injury Insurance (1) If a worker dies of a sudden illness during working hours or at work, or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury, but the worker has been discharged from the hospital with a sudden cerebral infarction at the construction site, regardless of whether the cerebral infarction occurred during working hours or at work, it cannot be regarded as a work-related injury. The employer shall not be liable for compensation.

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If you have a sudden cerebral infarction while resting at the construction site, you can apply for a work-related injury determination, because work-related injury refers to the injury, illness or death caused by work during work. However, taking a break at the construction site is within the scope of working hours, so it can be recognized as a work-related injury. According to Article 2 of the Regulations of the People's Republic of China on Work-related Injury Insurance:

"Work-related injury" as used in these Regulations refers to injury, illness or death due to work-related reasons under the following circumstances: (1) in the course of production and operation; (2) In the process of accepting work tasks assigned by the employer, carrying out the work orders of the employer, or performing statutory duties. Therefore, a sudden cerebral infarction while resting on a construction site meets the definition of a work-related injury.

According to Article 13 of the Detailed Rules for the Implementation of the Regulations on Work-related Injury Insurance, if an employee needs to take a break due to illness during his or her work, the work-related injury that occurs during the rest period shall be recognized as a work-related injury. However, if an employee engages in personal activities or violates labor discipline and rules and regulations during the rest period, resulting in a work-related injury, it cannot be recognized as <>a work-related injury

If a worker has a sudden cerebral infarction during a break on the construction site, it may be recognized as a work-related injury. Whether or not you can get work-related injury compensation needs to be assessed and judged according to the relevant laws and regulations of the country and region, as well as the specific circumstances. In China, work-related injury insurance is a social insurance system prescribed and implemented by national law, which aims to provide medical, **, bereavement pension and living security for workers who are injured by accidents or suffer from occupational diseases due to work.

If a worker has a sudden cerebral infarction during the rest time on the construction site, he or she can apply to the employer for recognition of work-related injury and submit relevant certificates and materials, such as medical certificates, work-related injury appraisals, etc. The employer shall determine the work-related injury in accordance with the relevant provisions of the state, and pay the worker compensation for the injury in accordance with the regulations. It should be noted that the determination of work-related injuries and work-related injury compensation involves many details and procedures, and the specific situation needs to be assessed and judged with reference to the relevant laws and regulations of the country and region as well as the regulations of the employer.

Sudden cerebral infarction while working on the construction site is caused by occupational diseases and is regarded as a work-related injury; Death from sudden cerebral infarction or death within 48 hours after rescue efforts fails, it is regarded as a work-related injury. The employer shall, within 30 days from the date of occurrence of the accident injury or the date of the diagnosis or appraisal of the occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area.

Article 15 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; (2) Suffering harm in the course of emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; 3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer. Where an employee has any of the circumstances in items (1) or (2) of the preceding paragraph, he or she shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of this article; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.