Whether a sudden mental illness during work can be recognized as a work related injury

Mental illness is mainly caused by personal internal factors, and sudden mental illness during work does not meet the criteria for work-related injury and does not constitute a work-related injury.

Article 14 An employee shall be deemed to have suffered a work-related injury under 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.

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.

If you have a sudden mental illness and suffer a physical injury just after work, it is okay, but mental illness cannot be recognized as a work-related injury.

In order to apply the third paragraph of Article 14 of the Regulations on Work-related Injury Insurance, which stipulates that "if a person is injured by violence or other accidents in the performance of work duties during working hours and in the workplace where work is injured shall be deemed to be a work-related injury", the key issue is whether the dispute with the worker occurred due to the performance of work duties, that is, whether the injury was caused by work, and whether the accidental injury such as violence was determined. In order to be recognized as a work-related injury, there must be sufficient evidence to prove it. The situation you mentioned should not be recognized as a work-related injury.

It cannot be recognized as a work-related injury. Work-related injuries, also known as industrial injuries, occupational injuries, industrial injuries, and work-related injuries, refer to injuries caused by adverse factors and occupational diseases suffered by workers when engaging in occupational activities or activities related to occupational activities. It can be seen that work-related injuries mainly refer to injuries and occupational diseases suffered in the course of work.

Article 14 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) 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; 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) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed; (2) Suffering harm in the course of emergency rescue and disaster relief or other activities to preserve national interests, the public, or the interests of the public; (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 the certificate of disabled servicemen of the revolution, and are 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: If it can be determined that the cause of the illness is closely related to the work performed, it is a work-related injury. At present, the definition of "work-related injury" in the international norm includes two aspects, namely, accident injuries caused by work and occurring in the course of work, and occupational disease injuries.

Occupational diseases refer to diseases caused by exposure to dust, radioactive substances and other toxic and harmful substances in the occupational activities of workers in enterprises, institutions and individual economic organizations.

Legal basis: Article 21 of the Regulations on Work-related Injury Insurance If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be evaluated for his or her ability to work.

Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

If the mental illness is caused by brain injury or pathological changes caused by external forces, and other requirements for the determination of work-related injury are met, it should be recognized as a work-related injury. Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved. Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits.

If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.