Mental illness, can it be considered a work injury, can mental illness be considered a work injury

Updated on healthy 2024-03-28
4 answers
  1. Anonymous users2024-02-07

    It does not count as a work-related injury, because mental illness is not an occupational disease and therefore does not fall under the category of work-related injury.

    In accordance with the Regulations on Work-related Injury Insurance

    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.

    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.

    Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

    1) Intentionally committing a crime;

    2) Drunk or drug addiction;

    3) Self-harm or suicide.

  2. Anonymous users2024-02-06

    It is not considered a work-related injury. Work-related injury refers to an accident injury or occupational disease hazard due to work-related reasons, mental illness is not a statutory occupational disease, and the so-called work stress is generally psychosis not caused by an accident injury caused by work-related reasons, not a work-related injury.

    Law on the Prevention and Control of Occupational Diseases

    Article 2 This Law shall apply to the prevention and treatment of occupational diseases within the territory of the People's Republic of China.

    "Occupational diseases" as used in this Law refers to diseases caused by exposure to dust, radioactive substances and other toxic or harmful factors in the course of occupational activities of workers of enterprises, public institutions, individual economic organizations, and other employers.

    The classification and catalogue of occupational diseases shall be formulated, adjusted and published by the administrative department of health in conjunction with the administrative department of production safety and the administrative department of labor and social security.

    Regulations on Work-related Injury Insurance

    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.

  3. Anonymous users2024-02-05

    If the mental illness is caused by brain injury or pathological changes caused by external forces, and the 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 the work-related injury insurance in accordance with the provisions of the State: (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 shall be enjoyed at the same time as the termination or dissolution of the labor car. 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.

  4. Anonymous users2024-02-04

    The scope of work-related injuries is clearly stipulated in accordance with the Trial Measures for Work-related Injury Insurance for Employees of Enterprises. Where an employee is injured, disabled, or dies due to any of the following circumstances, it shall be found to be a work-related injury, and its scope is as follows:

    1.Those who are engaged in the daily production or work of the unit or the work temporarily designated by the responsible person of the unit, and in an emergency, engage in work that is directly related to the major interests of the unit, although they have not been designated by the responsible person of the unit.

    2.Upon arrangement or consent of the responsible person of that unit, engaging in scientific experiments, inventions, creations, and technological improvement work related to that unit.

    3.Occupational diseases caused by exposure to occupational harmful factors in the production and working environment.

    4.During the production working hours and in the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor after the first rescue**.

    5.Personal injury caused by the performance of duties.

    6.Engaging in rescue, disaster relief, rescue, and other activities to safeguard the interests of the state, society, and the public.

    7.Disabled servicemen who have been disabled in the line of duty or because of war have been injured after being reinstated and transferred to work in an enterprise.

    8.During the period of going out on business, due to work reasons, the person is injured or missing due to a traffic accident or other accident, or dies due to a sudden illness or loses labor force after the first rescue**.

    9.An accident occurs during the commute to work on other reasonable routes within a reasonable time is a work-related injury.

    1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;

    2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;

    3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;

    4) Commuting to and from work on other reasonable routes within a reasonable time. Injuries on the way to and from work refer to traffic accidents that should occur at a reasonable time and route, and for which the person is not primarily responsible.

    10.Other circumstances stipulated by laws and regulations.

    1. What are the types of work-related injuries?

    1.Classification according to the degree of injury: generally divided into minor injuries and major injuries. It can also be divided into:

    1) minor injuries; 2) moderate injury;

    3) non-life-threatening serious injuries;

    4) life-threatening serious injuries;

    5) Critical, viable, and unknown.

    2.Classification by causative factor:

    1) Mechanical injuries: such as cutting and puncture wounds caused by sharp objects, contusions caused by blunt objects, crush injuries caused by building collapses, and fractures caused by falls from heights;

    2) Physical damage: such as burns, burns, frostbite, electrical damage, ionizing radiation damage;

    3) Chemical damage: such as burns caused by strong acids, strong alkalis, phosphorus and hydrofluoric acid.

    3.Classification according to the location of injury: it can be divided into head injury, facial injury, chest injury, abdominal injury and limb injury.

    4.According to the presence or absence of wounds on the mucosal surface, they are divided into open injuries and closed injuries.

    5.According to the number of injured tissues and organs, it is divided into single injuries and multiple injuries.

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