Is a stroke at work considered a work related injury? Does a stroke at work count as a work injury?

Article 15, Paragraph 1 of the Regulations on Work-related Injury Insurance stipulates that if an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury.

Therefore, if it is only a stroke and there is no death, it is not considered a work-related injury.

If it is a stroke caused by the work environment or type of work, you can apply for a work-related injury, if it is not related to the cause of work, then it will not be counted, and consult the hospital in detail.

Legal analysis: A stroke during work is not necessarily considered a work-related injury, unless there is evidence to prove that the stroke is caused by work, and an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: he or she is injured in an accident during working hours and in the workplace due to work-related reasons; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of an accident are unknown.

Legal basis: "Regulations of the People's Republic of China 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: he or she is injured in an accident during working hours and in the workplace due to work-related reasons; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of an accident are unknown. Injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work.

Legal analysis: Stroke is a disease, not an injury, and stroke is not a disease listed in the Classification and Catalogue of Occupational Diseases, nor is it an occupational disease as defined by law. So a stroke is not a work injury. If a worker faints and is injured after a stroke at work, it is a work-related injury.

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;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Stroke at work is not necessarily considered a work-related injury, but a stroke is a disease, and it does not belong to the situation of sudden illness death during working hours and at work, or death within 48 hours after rescue efforts failed, so it is more difficult to determine the work-related injury in this case.

Work-related injuries, also known as "work-related injuries" and "work-related injuries", refer to injuries sustained by employees in production or work. In accordance with the provisions of the state, those who perform routine work and work designated or agreed to when the administrative aspect of the enterprise is closed, engage in work that is not designated by the administrative department of the enterprise but are beneficial to the enterprise in an emergency, and those who are injured while engaged in invention or technological improvement work are all work-related injuries.

A stroke during work is not necessarily considered a work-related injury, unless there is evidence that it is a work-related stroke, and an employee shall be deemed to have suffered a work-related injury in any of the following circumstances: injured in an accident during working hours and in the workplace due to work-related reasons; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of an accident are unknown.

A stroke at work does not necessarily count as a work-related injury unless there is evidence that it was a work-related stroke.

In any of the following circumstances, it shall be found to be 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) 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.

A stroke at work does not necessarily count as a work-related injury unless there is evidence that it was a work-related stroke. In any of the following circumstances, an employee shall be found to have suffered a work-related injury: (1) During working hours and in the workplace, he or she is injured by an accident or old age 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 traffic accident for which he or she is not primarily responsible, or in an urban rail transit, passenger ferry, or train accident while commuting to or from work; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be 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 traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

If the disability caused by stroke in overtime work in the unit is due to work reasons, it can be regarded as a work-related injury, and the employee can enjoy work-related injury insurance benefits and receive relevant compensation. Of course, if the employee is sick and not caused by work, it cannot be recognized as a work-related injury, and the employee can enjoy medical insurance. There are strict procedures for assessing work-related injuries, and employees can entrust the employer to declare or prepare relevant materials to apply for recognition by themselves.

1. Is disability caused by stroke in overtime work counted as a work-related injury?

If the stroke is due to work-related reasons, it is counted as a work-related injury, otherwise it is not considered a work-related injury, and according to the regulations, if the 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 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, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a motor vehicle accident on the way to and from work;

7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

8. If an employee has any of the following circumstances, it shall be regarded as a work-related injury

1) Died of 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;

Employees who are injured in accidents or suffer from occupational diseases due to work can obtain relief and compensation through work-related injury insurance. At present, the law stipulates that the employer shall pay the work-related injury insurance premiums of employees, and if the employer fails to pay them, the insurance benefits that the employee shall enjoy after the work-related injury shall be paid by the employer.

2. What materials should be prepared to apply for work-related injury recognition?

The following supporting materials shall be submitted to apply for recognition of work-related injury:

1. Application for Determination of Work-related Injury;

2. Diagnosis certificate and occupational disease diagnosis certificate of the first work-related injury of the designated hospital or medical institution;

3. The work-related injury report of the enterprise, which belongs to the scope of statistics, shall be submitted to the safety supervision department for closing the case for approval;

4. The identity certificate of the injured employee and the proof of the existence of labor relationship with the enterprise;

1) If it is a traffic accident, submit the responsibility ruling of the public security traffic management department or the relevant handling certificate;

2) If the person is missing during the period of absence due to work, a ruling shall be submitted to the people's court declaring his death;

3) If it is a sudden illness due to work tension, submit the proof of work tension issued by the enterprise.

To sum up, if an employee suffers a stroke during work and is disabled, if it is due to work-related reasons, it shall be treated as a work-related injury, and the employer shall declare the work-related injury insurance benefits for him. If the employee is unable to continue working, the contract shall be terminated and the employer shall pay economic compensation. If the employee's stroke is not related to work, but is caused by his own illness, this situation cannot be recognized as a work-related injury.