Is a non work related fatality facility liable?

The factory is not liable, but in accordance with the provisions of the Labor Law, it must be in accordance with the relevant provisions of the Interim Provisions on Death Pension Benefits for Employees of Enterprises in Guangdong Province issued by the Guangdong Provincial Department of Labor: if an employee (including retirees) dies due to illness or non-work-related injury, a funeral subsidy, a one-time relief fund for supporting immediate family members (or a living allowance for supporting immediate family members), and a one-time pension shall be paid. Standard of funeral allowance:

3 months' salary (monthly salary is calculated according to the local average monthly salary of the previous year, the same below); Standard of one-time allowance for supporting immediate family members: 6 months' salary; Lump-sum pension standard: 6 months' salary for active employees.

In the event of the death of a retiree who has participated in the social endowment insurance, the local social insurance institution shall pay benefits in accordance with the relevant provisions of the endowment insurance; In the event of the death of an employee due to illness or non-work-related injury, the enterprise shall pay death benefits according to the above-mentioned standards, except where there are provisions for inclusion in social insurance payment.

The trade union will also provide appropriate subsidies.

1. Liability clause, regarded as work-related injury, enjoy work-related injury insurance benefits other than one-time disability allowance:

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.

2. If there is no liability clause, it shall not be recognized as a work-related injury or regarded as a work-related injury, and no money shall be paid

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.

What should I do if an employee dies suddenly during a work-related injury?

1.Immediately fill in the work-related death report to the local work-related injury insurance management agency and submit it to the work-related injury determination. In the event of a fatal accident, the labor inspection, safety management, and public security inspection committees will intervene in the investigation, determine responsibility, and carry out follow-up procedures after the work-related injury is identified.

2.Your employer must have purchased work-related injury insurance for employees, and the labor department will accept the work-related injury determination, and if you meet the conditions, the work-related injury insurance** will pay a one-time fee. If you do not have work-related injury insurance, all expenses will be borne by the employer.

3.If your employer does not purchase work-related injury insurance for employees, your employer can negotiate with the family of the deceased and deal with it with reference to the personal injury compensation regulations. In general, personal injury compensation is higher than a lump sum benefit for work-related death.

In any of the following circumstances, an employee who meets the requirements of Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to have suffered 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 motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries". In accordance with Article 17 of the Regulations on Work-related Injury Insurance, the employer shall, within 30 days after the occurrence of the incident, the injured person or his family member submit an application for recognition of work-related injury within one year after the occurrence of the accident, and when the injury is relatively stable, apply for a labor ability appraisal (i.e., disability appraisal), and then enjoy the corresponding work-related injury benefits according to the results of the identification and appraisal. Disputes arising from work-related injuries are labor disputes, and labor arbitration is a precondition for resolving labor disputes, that is, labor dispute cases that have not been subject to labor arbitration will not be accepted by the people's courts.

If there is a work-related injury in the factory, the work-related injury or the labor union will deal with the compensation in person, and if other problems are involved, it is necessary to negotiate with the family to try to appease the family and get a certain amount of compensation. If it is impossible to communicate, you can file a lawsuit with the court, and the court will calculate a certain amount of compensation according to the local level.

1.Whether the employer should be held liable depends on the circumstances and cannot be generalized.

2.If the cause of death of the injured employee is caused by a work-related injury, he/she may be entitled to work-related death benefits such as funeral allowance, pension for dependent relatives and one-time work-related death allowance in accordance with the provisions of the Regulations on Work-related Injury Insurance.

3.According to Article 39 of the Regulations on Work-related Injury Insurance, if a disabled employee dies due to a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits stipulated in the first paragraph of this Article (if the employee dies due to work, his close relatives shall receive funeral allowance, pension for dependent relatives and one-time work-related death subsidy from work-related injury insurance** in accordance with the following provisions).

4.If the injured employee dies not due to the work-related injury, the employer may be required to bear the benefits of non-work-related death.

If a factory worker dies in a car accident and is a work-related injury, the work-related injury insurance benefits shall be paid by Forgiveness and Work-related Injury Insurance**; If the employer fails to pay the work-related injury insurance, the employer shall pay all the work-related injury insurance benefits; If it is not a work-related injury, the third party and the employee shall bear the responsibility according to the division of responsibility. On the way to and from work, a person who is 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 shall be found to be a work-related injury.

[Legal basis].

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) Accidental injuries such as violence during working hours and in the workplace due to the performance of one's duties;

4) Suffering from occupational diseases;

5) During the period of going out for work, the whereabouts of the injured person due to work reasons or the accident of the person who has been involved in the accident are unknown;

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 shall be recognized as work-related injuries as provided by laws and administrative regulations.

Injuries caused by adverse factors and occupational diseases suffered by workers while engaging in occupational activities or activities related to occupational activities are considered work-related injuries. So is there criminal liability for work-related deaths in factories? What materials should be submitted to apply for work-related injury determination?

I will answer the questions for readers below, and I hope the following knowledge will be helpful to readers.

1. Is there criminal liability for the death of a factory work-related injury?

The work-related injury shall be determined through the determination of the work-related injury, and the employer shall bear the civil liability for compensation after the work-related injury is determined. If the unit's safety production facilities or safety production conditions do not comply with national regulations, resulting in a major accident or other serious consequences, it constitutes the crime of major labor safety accidents, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; where the circumstances are especially heinous, the sentence is to be between three and seven years imprisonment, and the unit is not to be punished.

Legal basis] Article 135 of the Criminal Law: Where production safety facilities or production safety conditions do not comply with state regulations, resulting in a major accident or other serious consequences, the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.

2. What materials should be submitted when applying for work-related injury determination

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

4) Instructions for filling in the application form for work-related injury determination:

1. Fill in with a pen or signature pen, and the font is neat and clear.

2. If the applicant is an employer, the official seal of the employer shall be affixed to the applicant on the first page.

3. Fill in the specific part of the injured part in the column of the injured part.

4. In the column of diagnosis time, those with occupational deficiency should fill in according to the time of diagnosis of occupational disease; If you are injured or killed, fill in the information according to the time of initial consultation.

5. A brief description of the injury should indicate the time and place of the accident, the work performed at that time, the cause of the injury, and the location and extent of the injury. Patients with occupational tremor should indicate what kind of harmful work they are engaged in in in which unit, the start and end time, and the diagnosis result.

6. When the applicant applies for recognition of work-related injury, he or she shall submit the resident ID card of the injured employee; Certificate of initial diagnosis and diagnosis issued by a medical institution at the time of injury of an employee, or a certificate of diagnosis of occupational disease (or diagnosis and appraisal of occupational disease) issued by a medical institution that undertakes the diagnosis of occupational disease in accordance with the law; Proof of the existence of a labor or employment contract or other labor or personnel relationship between the employee and the employer at the time of injury or diagnosis of occupational disease.

Generally speaking, as long as the safety production facilities or safety production conditions of the unit comply with the provisions of the state, the employer shall bear civil liability for compensation when the work-related injury death is caused. After the above detailed introduction, I believe that readers have a deeper understanding of whether factory work-related deaths are criminally liable and related legal knowledge.

In real life, the purpose of the employee and the company's work payment and labor remuneration is collectively referred to as the labor contract relationship. Therefore, in addition to complying with the provisions of the Labor Code, both parties are subject to specific obligations under the provisions therein. For example, if an employee is physically injured due to work-related reasons, it should be counted as a work-related injury, and the company shall bear the corresponding liability for compensation.

Because there are many issues involved, it is necessary to prove whether the employee's body injury is a work-related injury. For such problems, we can start with a simple analysis.

Case Description: Xiao Liu is 25 years old and a skilled worker in a factory. Recently, due to the increase in factory orders, Xiao Liu needs to be tested overnight.

After working continuously for more than 24 hours, Xiao Liu died of a heart attack two hours after returning to the factory dormitory to rest. As for the cause of Xiao Liu's death, the hospital proposed that it was because the body could not be overloaded due to long hours of work. Therefore, Xiao Liu's family demanded that Xiao Liu's situation be recognized as a work-related injury and that compensation be made accordingly.

The factory argued that Xiao Liu, as an employee, fulfilled his work obligations as stipulated in the contract. In addition, Xiao Liu did not fall ill at work, so it should not be recognized as a work-related injury. At present, the parties are engaged in further litigation on this issue.

To analyze this issue in detail, we must first have a clear understanding of the relevant legal provisions on the determination of work-related injuries: combined with the above case analysis, Xiao Liu himself worked for a long time to perform his job duties, and finally died of a heart attack due to overwork. Therefore, his family determined that the death was caused by work.

However, the factory did not go to work at the time of the onset of the illness, but rested in the dormitory. Therefore, the factory determined that Xiao Liu's situation did not belong to the death caused by work during working hours.

For the determination of such circumstances, according to the above-mentioned regulations, there are certain difficulties in the determination of Xiao Liu's work-related injury. Therefore, objectively speaking, Xiao Liu died of a heart attack in the dormitory provided by the factory two hours after leaving his job. Therefore, there are considerable difficulties in determining work-related injuries.

So, how to solve this kind of problem of claiming damages? ‍

From the perspective of simple work-related injury determination, there is a certain lack of evidence of the nature of time and place in the above-mentioned situation. However, Xiao Liu's family can claim damages from the perspective of specific physical injuries and working hours under the labor law.

According to the provisions of the labor law, employees cannot work more than 8 hours per day and 40 hours per week. In this case, due to the intensification of orders, Xiao Liu was forced to work for more than 24 hours continuously, which caused great damage to his body. Therefore, from this point of view, the factory should bear the corresponding responsibility for this behavior.

For Xiao Liu, who suffered physical injuries in such circumstances, the factory should bear the specific damages and pay the specific compensation to Xiao Liu's family if he violated the provisions of the Labor Law on specific working hours by performing the factory.