What should I do if an employee has a sudden illness during work and is not recognized as a work rel

Employees who are not recognized as work-related injuries due to sudden illnesses at work can enjoy medical insurance benefits.

Article 15 (1) of the Regulations on Work-related Injury Insurance stipulates that an employee "dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails."", which is regarded as a work-related injury. The law stipulates that death from sudden illness or death within 48 hours after rescue is ineffective, out of the protection of the interests of the labor group.

However, the protection of "sickness" and "injury" generally belongs to different legal norms and policy adjustments, and the "Regulations on Work-related Injury Insurance" protects the situation of injury caused by accidents at work, while illness should not fall within the scope of protection of the "Regulations on Work-related Injury Insurance" It is lawful and reasonable to impose certain restrictions on the treatment of sudden illness and death at work as work-related injuries.

If a worker's sudden illness at work does not meet the conditions for being regarded as a work-related injury and is not recognized as a work-related injury, the employee shall be relieved through sickness insurance, and the medical expenses shall be shared by the medical insurance ** and the individual in accordance with the provisions of the medical insurance measures, and the employer shall pay the sick leave salary in accordance with the provisions of the sick leave treatment.

Employees can only be regarded as work-related injuries if they die of sudden illness during working hours, workplace, or at work, or die within 48 hours after rescue.

Sudden illness is not counted, but sudden illness and death are counted.

It cannot be treated as a work-related injury.

You can apply for a work-related injury determination, whether it is considered to be determined by the labor department.

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) Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed

Others generally cannot be counted as work-related injuries, but they can be identified as occupational diseases, and if they are occupational diseases, they can also enjoy relevant treatment.

Sudden illness at work can only be recognized as a work-related injury if it dies.

If there is no death, there is little point in applying for administrative review or administrative litigation.

Legal Analysis: It can be recognized as a work-related injury.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation 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 allowance and a monthly disability allowance for employees with disabilities 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 subsidy, the pension for dependent relatives and the work-related death subsidy received by the bereaved Li family;

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 period of 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 make repayment, the social insurance defense agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Sudden illness at work is not considered a work-related injury. Regulations on Work-related Injury Insurance: Article 14 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) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Article 15 An employee who falls under any of the following circumstances shall be deemed to have suffered a work-related injury: (1) Death of a sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; (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.

Summary. Hello, about the sudden illness during work can not be recognized as a work-related injury, what compensation can be claimed from the company, if it is during working hours and at work, the sudden illness death or death within 48 hours after rescue is ineffective, or the sudden illness is an occupational disease, can be regarded as a work-related injury.

Sudden illness during work cannot be recognized as a work-related injury, and what compensation can be requested from the company?

Hello, about the sudden illness during the work can not be recognized as a work-related injury, what compensation can be requested from the company, if Qiaoxian is in working hours and work, sudden illness death, or death within 48 hours of rescue, or sudden illness is an occupational disease, can be regarded as a work-related injury.

The items to be claimed include: the wages during the medical treatment period of the work-related injury shall be paid by the employer according to the standard before the injury; Medical expenses and expenses incurred for work-related injuries, hospital meal subsidies, and accommodation expenses for medical treatment outside the overall planning area. The specific amount of compensation is subject to the actual occurrence of Hengmin.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be deemed to be a work-related injury: (1) During working hours and in the workplace, he is injured in an accident due to work 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) During working hours and in the workplace, being subjected to violence or other intentional harm outside the office due to the performance of work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

During working hours and at work, if a person dies of sudden illness or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury and enjoy work-related injury insurance benefits. In any of the following circumstances, an employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury: drunkenness or drug abuse; intentionally committing a crime; Self-harm or suicide.

[Legal basis].

Article 15 of the Regulations on Work-related Injury Insurance.

If an employee has one of the following slippery conditions, it shall be regarded as a work-related injury

1) Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed

(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.

If an employee has any of the circumstances in items (1) or (2) of the preceding paragraph, he or she shall enjoy the benefits of sliding injury insurance 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.