The death of a factory worker in a rented house outside at night is a work related injury

1. Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

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.

2. "Interim Provisions on Death Pension Benefits for Employees of Enterprises in Guangdong Province" 10. Employees (including retirees) who die due to illness or non-work-related injuries shall be given funeral subsidies, one-time relief funds for supporting immediate family members (or living subsidies for supporting immediate family members), and one-time pensions.

The standard of funeral subsidy: 3 months' salary (monthly salary is calculated according to the local average monthly social wage of the previous year, the same below);

**Standard of one-time benefit for immediate family members: 6 months' salary;

One-time pension standard: 6 months' salary for in-service employees; 3 months' salary for retirees.

In the event of the death of a retiree who has participated in the social endowment insurance, the local social insurance institution shall pay benefits in accordance with the relevant provisions of the endowment insurance; In the event of the death of an employee due to illness or non-work-related injury, the enterprise shall pay death benefits according to the above-mentioned standards, except where there are provisions for inclusion in social insurance payment.

Determination of work-related injury]:

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;

Legal analysis: If it is not a sudden death during working hours and at work, it cannot be recognized as a work-related injury.

Legal basis: Article 15 of the Regulations on Work-related Injury Insurance An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (1) Death from a sudden illness during working hours and at work, or death within 48 hours after being rescued by an invalid worker; (2) Suffering harm in 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 injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but 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.

What should I do if an employee dies suddenly during a work-related injury?

1.Immediately fill in the work-related death report to the local work-related injury insurance management agency and submit it to the work-related injury determination. In the event of a fatal accident, the labor inspection, safety management, and public security inspection committees will intervene in the investigation, determine responsibility, and carry out follow-up procedures after the work-related injury is identified.

2.Your employer must have purchased work-related injury insurance for employees, and the labor department will accept the work-related injury determination, and if you meet the conditions, the work-related injury insurance** will pay a one-time fee. If you do not have work-related injury insurance, all expenses will be borne by the employer.

3.If your employer does not purchase work-related injury insurance for employees, your employer can negotiate with the family of the deceased and deal with it with reference to the personal injury compensation regulations. In general, personal injury compensation is higher than a lump sum benefit for work-related death.

In any of the following circumstances, an employee who meets the requirements of Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to have suffered 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) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries". In accordance with Article 17 of the Regulations on Work-related Injury Insurance, the employer shall, within 30 days after the occurrence of the incident, the injured person or his family member submit an application for recognition of work-related injury within one year after the occurrence of the accident, and when the injury is relatively stable, apply for a labor ability appraisal (i.e., disability appraisal), and then enjoy the corresponding work-related injury benefits according to the results of the identification and appraisal. Disputes arising from work-related injuries are labor disputes, and labor arbitration is a precondition for resolving labor disputes, that is, labor dispute cases that have not been subject to labor arbitration will not be accepted by the people's courts.

If there is a work-related injury in the factory, the work-related injury or the labor union will deal with the compensation in person, and if other problems are involved, it is necessary to negotiate with the family to try to appease the family and get a certain amount of compensation. If it is impossible to communicate, you can file a lawsuit with the court, and the court will calculate a certain amount of compensation according to the local level.

1.Whether the employer should be held liable depends on the circumstances and cannot be generalized.

2.If the cause of death of the injured employee is caused by a work-related injury, he/she may be entitled to work-related death benefits such as funeral allowance, pension for dependent relatives and one-time work-related death allowance in accordance with the provisions of the Regulations on Work-related Injury Insurance.

3.According to Article 39 of the Regulations on Work-related Injury Insurance, if a disabled employee dies due to a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits stipulated in the first paragraph of this Article (if the employee dies due to work, his close relatives shall receive funeral allowance, pension for dependent relatives and one-time work-related death subsidy from work-related injury insurance** in accordance with the following provisions).

4.If the injured employee dies not due to the work-related injury, the employer may be required to bear the benefits of non-work-related death.

Summary. The standard for the payment of death pension for employees is as follows: 1. A one-time pension for work-related death is 20 months' basic salary; 2. A one-time pension for death due to illness, 10 months' basic salary; 3. Funeral expenses standard:

4,000 yuan due to illness; 5,000 yuan for work (public); 4. The standard of subsidy for the living difficulties of the surviving family: 210 yuan per month for non-rural households; The monthly subsidy for more than two people is 190 yuan; 170 per person per month for agricultural hukou; RMB 150 per person per month for more than two people. 5. Among the above-mentioned objects, an additional 65 yuan will be issued to the surviving family members who are determined to have died on the job, and 80 yuan will be added to the anti-Japanese war (excluding spouses); of the Red Army (excluding spouses); An additional 100 yuan will be issued, and if the surviving family member is a lonely person, an additional 70 yuan will be issued.

Hello Working in a factory, getting off work and dying in a rental house, exceeding the working hours stipulated by the state, can this be considered a work injury?

Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.

Hello Working in a factory, getting off work and dying in a rental house, exceeding the working hours stipulated by the state, can this be considered a work injury?

It is necessary to determine whether the cause of death is work-related.

He died and did not go to work for three days, and the factory only notified the family.

The family can go to the judicial appraisal center to verify whether the cause of death of the deceased is overwork, to prove that it is related to work, and apply for work-related injury compensation.

It is also possible to apply for a death benefit.

Sudden death. Is the cause of sudden death work-related?

How much can the pension be claimed.

I just got off work, and then I didn't go to work, I didn't go to work for three days, and the factory notified the family that the deceased hadn't gone to work for three days.

The standard for the payment of death pension for employees is as follows: 1. A one-time pension for work-related death is 20 months' basic salary; 2. A one-time pension for Hu Shenchun's death due to illness, and his basic salary of 10 months; 3. Funeral expenses standard: 4,000 yuan due to illness; 5,000 yuan for work (public); 4. The standard of subsidy for the surviving family's living difficulties:

The monthly subsidy for non-rural households is 210 yuan; The monthly subsidy for each person with more than two filial piety is 190 yuan; 170 per person per month for agricultural hukou; RMB 150 per person per month for more than two people. 5. Among the above-mentioned objects, an additional 65 yuan will be issued to the surviving family members who are determined to have died on the job, and 80 yuan will be added to the anti-Japanese war (excluding spouses); of the Red Army (excluding spouses); If the surviving family member is alone, an additional 70 yuan can be issued.

I didn't go to work for three days, and the factory didn't notify my family immediately, and I didn't notify my family until three days later.

You can sue the factory directly for compensation.

If it is not a sudden death during working hours or at work, it cannot be recognized as a work-related injury. Article 15 of the Regulations on Work-related Injury Insurance shall be regarded as a work-related injury if an employee has 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 and other activities to safeguard national interests or public interests; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. If 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 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: If it is not a sudden death during working hours and at work, it cannot be recognized as a work-related injury.

Legal basis: Regulations on Work-related Injury Insurance Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) during working hours and at work, he dies of sudden illness or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) The employee was originally serving in the army, but was disabled due to injuries sustained in the line of duty, and has obtained a revolutionary disabled serviceman certificate, and was injured after arriving at the employer.

Employees who have the circumstances in items (1) and (2) of the preceding paragraph 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 in accordance with the relevant provisions of these Regulations, except for a one-time disability subsidy and a hidden fight.

The death of a worker while sleeping on the construction site at night is not a work-related injury or is treated as a work-related injury, and the employer is not liable for compensation. The death of a worker sleeping on the construction site at night is not a sudden accident injury, but a sudden illness death, but although it is in the work area, it is not a work time, and it is not a job position, and it does not meet the conditions for deemed work-related injury as stipulated in Article 15 (1) of the Regulations on Work-related Injury Insurance, and cannot be recognized as a work-related injury. The employer shall not be liable for compensation.

In accordance with Article 17 of the Social Insurance Law, the basic endowment insurance shall pay the funeral subsidy and pension chain in accordance with the provisions of the province and city where the worker is located, and if the employer does not participate in the insurance, the employer shall pay it according to the prescribed standards.

Legal analysis: 1. If a worker is injured by an accident code due to work reasons during working hours, or is injured by an accident while engaged in work-related preparatory or finishing work before or after working hours. If it falls under the above circumstances, it should be a work-related injury according to law, and it is entitled to work-related death compensation and other compensation; 2. If a worker dies of sudden illness in the factory or during working hours, or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury and shall be entitled to compensation such as work-related death compensation; 3. In addition, if a worker dies unexpectedly due to potential safety hazards in the factory during his stay in the factory, but the factory fails to fulfill the safety guarantee obligations such as warning obligations, the factory shall still delay the removal of tomatoes within the scope of its fault for failing to fulfill the safety guarantee obligations and bear the corresponding civil liability for compensation.

However, if the worker's death has nothing to do with the factory and the factory is not at fault, then the factory is certainly not obliged to pay compensation.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

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;