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Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls under any of the following circumstances:
1) Death from a sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed. [Two conditions must be met at the same time: "working hours" and "job position"; "Sudden death from illness" means:
1. Sudden illness unrelated to work of the employee leads to death. If the death is caused by a work-related illness, the work-related injury shall be recognized in accordance with the provisions of Article 14 of the Regulations on Work-related Injury Insurance. 2. If a sudden illness unrelated to work does not cause immediate death at work, but dies within 48 hours after rescue is ineffective, it is regarded as a work-related injury.
2) Harmed in the course of 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 war or work, and has obtained a disabled military certificate, and was injured after arriving at the employer. [For the protection of demobilized servicemen, if a soldier is injured in battle or in the performance of his duties, according to the provisions of the "Conditions for the Assessment of Disability Grades of Revolutionary Disabled Servicemen", military disability for veterans who have been assessed by relevant departments and obtained a disabled military certificate, if they are sick in the employer, they will be regarded as work-related injuries. This is mainly due to the fact that the revolutionary servicemen have already paid the price for the interests of the state, and such a provision is made in order to effectively protect the interests of the revolutionary soldiers.
Article 16 of the Regulations on Work-related Injury Insurance stipulates that an employee shall not be recognized as a work-related injury or treated as a work-related injury if he or she falls under any of the following circumstances:
1) Intentional crime;
2) Drunkenness causes **;
3) Self-harm or suicide.
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Legal Analysis: It needs to be analyzed on a case-by-case basis. If it is during working hours and at work, death from sudden illness or death within 48 hours after rescue efforts are ineffective, it is regarded as a work-related injury.
Work-related injury refers to the sudden accidental injury of body tissues caused by the direct action of external factors in the process of production and labor, such as ** and its acute chemical poisoning caused by occupational accidents.
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) Accidental injuries such as violence 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.
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Legal Analysis: Belongs. During working hours and in the workplace, if you are injured in an accident due to work reasons, it shall be recognized as a work-related injury, and if you die of a sudden illness or death within 48 hours after rescue is ineffective, it shall be regarded as a work-related injury.
Legal basis: 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) Harmed 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 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.
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Legal Analysis: Sudden illness during working hours is not a work-related injury, and work-related injury, also known as industrial injury, occupational injury, industrial injury, and work-related injury, refers to the worker's work in an occupational activity or with.
Injuries from adverse factors and occupational diseases suffered during activities related to occupational activities.
Legal basis: 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) during working hours and at work, he dies of sudden illness or dies within 48 hours of renting a shed after being rescued; 2) Harmed 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 injuries sustained in war or in the line of duty, and have obtained a military certificate for revolutionary disability and disability, but were injured after arriving at the employer.
Employees who have the circumstances in items (1) and (2) of the preceding paragraph shall enjoy burn or 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.
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Lawyer's analysis: If the illness occurs during working hours, it does not belong to the category of work-related injuries, and if there is a sudden illness in the course of work, and the rescue is ineffective and dies within 48 hours, it can be regarded as a work-related injury.
Legal basis]:
Article 14 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 register;
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 auspicious karma;
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.
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