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This situation of yours is indeed a bit peculiar.
I would like to express my personal opinion on the question you raised:
1. First of all, it depends on what kind of unit your mother's unit is. Under normal circumstances, state-owned enterprises or larger collectives and private enterprises have bought medical insurance for their employees, and if this is the case, this problem will be much easier to solve. Isn't it just that you can pay the medical expenses yourself, and then find the insurance bureau or insurance company to pay compensation in accordance with the relevant regulations?
2. If your mother's unit belongs to a private enterprise run by a town or a private enterprise funded by a person, it may be more difficult to run. You can find your mother's employer and ask them to pay a certain amount of medical bills, but they may not be fully reimbursed.
3. If you have negotiated with your mother's employer, but they still do not pay for medical expenses, you can go to the local labor department, and they will come forward to coordinate the matter for you.
In short, you remember a sentence, as early as two or three years ago, the state had a clear regulation that required all registered enterprises or administrative institutions to purchase medical insurance for in-service employees, whether you are private or state-run, and whether you calculate the medical insurance expenses of employees in the monthly salary, in short, this is a mandatory provision, and there is no reason to refuse to pay.
We all express our deep sympathy and concern for what happened to your mother, and we sincerely hope that your mother will be able to do so as soon as possible, and we also wish your whole family peace and all the best!
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What kind of unit is it?
If you work in an office, then the cerebral hemorrhage has nothing to do with the unit.
If it is a place where the work is hard and the intensity is relatively high, then it depends on whether it is caused by work.
If it is indeed caused by work, then there is a right to pay the part of the compensation, otherwise there is no such right.
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Legal analysis: China's work-related injury insurance regulations stipulate that whether cerebral hemorrhage is considered a work-related injury should be based on the actual situation. If the intracerebral hemorrhage is caused by an injury sustained at work during working hours and in the workplace, it is considered a work-related injury.
If a cerebral hemorrhage occurs in the workplace before or after working hours and is engaged in work-related preparatory or finishing work, it is a work-related injury. During working hours and in the workplace, if the brain suffers from a hemorrhage due to the performance of work duties, it is considered a work-related injury. If there is also an occupational disease, it is considered a work-related injury.
Legal basis: Article 14 of the Regulations of the People's Republic of China 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.
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Death from sudden cerebral hemorrhage during work or death within 48 hours after rescue efforts fails, is regarded as a work-related injury. Article 15 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:
Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed. Regarding the question of how cerebral hemorrhage during work is considered a work-related injury, I will answer it for you in detail below.
1. Is intercerebral hemorrhage considered a work-related injury during work?
1. Sudden death of cerebral hemorrhage during work or death within 48 hours after rescue is ineffective, it is regarded as a work-related injury.
2. Legal basis:
Article 15 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) 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;
Hongda (3) Employees who were disabled due to war or duty injuries, have obtained the certificate of revolutionary disabled soldiers, and are 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. Is an injury during overtime considered a work-related injury?
If an employee is injured during work-related work, it is also within the scope of work-related injuries. The circumstances that should be recognized as work-related injuries mainly include the following situations:
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 preparatory or finishing work related to the work of the Ministry of Works 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 traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;
7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
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It is not considered a work-related injury, but if it dies within 48 hours of rescue, it can be recognized as a work-related injury. In 1996, the former Ministry of Labor of China promulgated the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, which clearly stipulated the scope of work-related injuries. 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 the war have been injured after recovering from their majors and working in the 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.
10.Other circumstances stipulated by laws and regulations.
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Illnesses that occur during work, such as cerebral hemorrhage, accidental injury, or myocardial infarction, can be counted as work-related injuries as long as they occur during work.
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There is only one circumstance in which a cerebral hemorrhage can be recognized as a work-related injury, that is, a sudden onset of intracerebral hemorrhage during working hours and death within 48 hours, otherwise it cannot be recognized as a work-related injury.
The Measures for the Determination of Work-related Injuries stipulate that if an employee is injured in an accident or is diagnosed and identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the employer shall submit an application for work-related injury recognition to the regional labor and social security administrative department within 30 days from the date on which the accident occurs or the patient is diagnosed and identified as an occupational patient.
If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee or his immediate family members, or the trade union organization may directly apply for recognition of work-related injury in accordance with Article 3 of the Measures within one year from the date of occurrence of the accident injury or the date of diagnosis and appraisal of the occupational disease.
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If there is a cerebral hemorrhage during work, it must be considered a work-related injury, and this work-related injury is a high-grade work-related injury
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There is only one circumstance in which a cerebral hemorrhage can be recognized as a work-related injury, that is, a sudden onset of intracerebral hemorrhage during working hours and death within 48 hours, otherwise Kaiqin's work-related injury cannot be determined. If an employee is injured in an accident or is diagnosed and identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the employer shall submit an application for recognition of work-related injury to the local labor and social security administrative department within 30 days from the date on which the accident occurs or the patient is diagnosed and identified as an occupational patient. If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee or his immediate family members, or the trade union organization may directly submit an application for recognition of work-related injury within one year from the date of occurrence of the accident injury or the date of diagnosis and appraisal of the occupational disease.
Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (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 and after working hours, 3) he is injured by an accident such as violence in the performance of his or her work duties during working hours, 4) he suffers from an occupational disease, 5) he is injured during a work-related trip, 6) Injured due to work-related reasons or where the whereabouts of the accident are unknown) Injured in a traffic accident or urban rail transit, passenger ferry, or train accident for which the person is not primarily responsible while commuting to or from work, 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal analysis: Cerebral hemorrhage while working in a unit must be regarded as a work-related injury. As long as it is during working hours and in the place of work, sudden illness or physical assault caused by work can be regarded as a work-related injury.
In the event of a work-related injury, an application for work-related injury recognition should be submitted to the social insurance administrative department of the coordinating region, and the relevant treatment can be enjoyed after the work-related injury recognition level.
Legal basis: Regulations on Work-related Injury Insurance Article 14 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) During working hours and in the workplace, being injured by violence or other traces of accidents 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 an 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 laws and administrative regulations provide shall be recognized as work-related injuries.
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