What are the conditions for a death during working hours?

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

Of course, if the death is caused by work, it can naturally be recognized as a work-related death.

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.

Legal analysis: If an employee dies of a sudden illness during working hours or at work, or dies within 48 hours after rescue is ineffective, it is regarded as a work-related injury. In other cases, death due to illness cannot be recognized as a work-related injury or treated 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) Suffering harm in activities to preserve the national interest or the public interest, such as disaster relief;

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 revolutionary disabled military certificate, but were injured after arriving at the employer.

Where employees have the circumstances in items (1) and (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.

If it is a work-related injury, and the employee has any of the following circumstances, it shall be regarded as a work-related injury

1) Definition of death due to sudden illness or death within 48 hours after rescue failure during working hours and at work: death on the spot or death within one month of injury. Therefore, after ** month, it is not considered a fatal accident;

2) During working hours and in the workplace, before and after the time of the accident due to work-related reasons, in the workplace, engaged in work-related preparatory or finishing work and is injured by an accident, (3) during working hours and in the workplace, due to violence or other accidental injuries due to the performance of work duties, (4) suffering from an occupational disease, (5) being injured due to work-related reasons or missing in an accident during the period of going out for work, (6) on the way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

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) Definition of death due to sudden illness or death within 48 hours after rescue failure during working hours and at work: death on the spot or death within one month of injury. Therefore, after ** month, it is not considered a fatal accident;

2) During working hours and in the workplace, before and after the time of the accident due to work-related reasons, in the workplace, engaged in work-related preparatory or finishing work and is injured by an accident, (3) during working hours and in the workplace, due to violence or other accidental injuries due to the performance of work duties, (4) suffering from an occupational disease, (5) being injured due to work-related reasons or missing in an accident during the period of going out for work, (6) on the way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal Analysis: It is a work-related injury, and if the employee has any of the following circumstances, it shall be regarded as a work-related injury: (1) Definition of death in the working hours and at the workplace, sudden illness or death within 48 hours after rescue failure:

Death on the spot or death within one month of injury** ineffective death. Therefore, after ** month, it is not considered a fatal accident; (2) During working hours and in the workplace, before or after the time of work-related accidents, in the workplace, engaged in work-related preparatory or finishing work, and are injured by accidents, (3) During working hours and in the workplace, due to violence or 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 injuries were caused by work reasons or the whereabouts of the accident were unknown, (6) On the way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal basis: Article 15 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be regarded as a work-related injury: (1) Definition of death of sudden illness or death within 48 hours after rescue failure during working hours and at work:

Death on the spot or death within one month of injury** ineffective death. Therefore, after ** month, it is not considered a fatal accident; (2) During working hours and in the workplace, before or after the time of work-related accidents, in the workplace, engaged in work-related preparatory or finishing work, and are injured by an accident, (3) During working hours and in the workplace, due to violence or 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 injury was caused by work reasons or the whereabouts of the accident are unknown, (6) On the way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Calculate. "Death during working hours is considered a work-related injury, and if a worker dies of a sudden illness during working hours or at work, or dies after 48 hours of rescue efforts are ineffective, or if the worker dies within one month of being injured and rescued, it shall be a work-related injury, and if the worker suffers personal injury while engaged in work-related activities during working hours or in the workplace, it shall be found to be a work-related injury. ”

Death during working hours is of course considered a work-related injury It is clearly written in the work-related injury regulations that the death of a death during working hours is a work-related death, and the industry and commerce will pay its expenses.

Legal analysis: calculated according to the time of work-related death. Whether it can be recognized as a work-related death mainly depends on three conditions:

1. Whether it is during working hours; 2. Whether the tomato is at work early, the identification of the job mainly depends on the labor contract, witness testimony, and the position that needs to be prepared to prepare the work certificate, and whether the work certificate is held, and the implementation varies from place to place, please consult the local labor department The starting point of the hour is the time to start the rescue, and the time of death is subject to the time contained in the death certificate.

Legal basis: "Regulations on Work-related Injury Insurance" Article 39 If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The scope of the sentence for supporting relatives shall be prescribed by the social insurance administrative department;

3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Legal analysis: The key to whether an accidental death at work can be recognized as a work-related injury depends on whether it meets the provisions of the Regulations on Work-related Injury Insurance for the determination of work-related injuries, and the focus is on whether it is in the workplace and working hours. Specifically:

If an employee dies of a sudden illness during working hours and at work, or dies within 48 hours after being rescued, it shall be regarded as a work-related injury.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is injured by an accident during working hours and in the workplace due to work-related reasons, 2) he is injured by an accident while he or she is engaged in work-related preparatory or finishing work in the workplace before or after working hours, 3) he is injured by violence or other accidents during working hours and in the workplace due to the performance of his or her work duties, 4) he suffers from an occupational disease, 5) he is injured due to work-related reasons or his whereabouts are unknown during the period when he is out of work. 7) Other circumstances that shall be recognized as work-related injuries by laws and administrative regulations that shall be recognized as work-related injuries by traffic accidents or urban rail transit, passenger ferries, or train accidents for which they are not primarily responsible while commuting to or from work.

Article 15 An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (1) during working hours and at work, death from sudden illness or death within 48 hours after rescue efforts failed, 2) injury suffered in emergency rescue and disaster relief and other activities to safeguard national interests and public interests, 3) employees who previously served in the military, were disabled due to injuries sustained in war or in the line of duty, and have obtained a revolutionary disabled veteran certificate, 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, and is entitled to work-related injury insurance benefits in accordance with the relevant provisions of these Regulations, and where the employee has any of the circumstances in item (3) of the preceding paragraph, he or she shall be entitled to work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.