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Death from sudden illness at work or death within 48 hours after rescue efforts are ineffective is considered a work-related injury.
If an employee dies of sudden illness during working hours and at work or dies within 48 hours after rescue fails, it meets the provisions of Article 15 (1) of the Regulations on Work-related Injury Insurance and is regarded as a work-related injury. In other cases, it cannot be regarded as a work-related injury.
Regulations on Work-related Injury Insurance
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.
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Can a sudden illness at work be recognized as a work-related injury? There are 3 points to understand.
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Is sudden illness during working hours considered a work-related injury?
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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 has any of the following circumstances: (1) During working hours and at work, he dies of sudden illness or dies within 48 hours after rescue fails.
Two conditions must be met at the same time: "working hours" and "job position"; "Sudden illness death" refers to: 1. Sudden death of an employee unrelated to work and resulting in 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. Sudden illness at work that is not related to work and does not lead to immediate death!
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During working hours and at work, death from sudden illness or death within 48 hours after rescue efforts are ineffective is a work-related injury, and other circumstances are generally not work-related injuries. Article 14 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) 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are 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.
Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) Death of a sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;
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Working hours are divided into normal working hours and hours. Whether an employee becomes ill during normal working hours or during overtime hours, the treatment they can enjoy is not the same. Work-related injuries refer to injuries and injuries suffered by external adverse factors when a worker is engaged in occupational activities or work-related activities.
In terms of the reasonable interpretation of "on the way" to and from work, it should generally refer to the process of the employee going back and forth between the employer and the home at a reasonable time and route. In trial practice, the most controversial issue is whether the motor vehicle injury caused by the employee on the way to and from work can be recognized as a work-related injury. According to the prevailing belief in the community, a reasonable route to and from work is not a mandatory or exclusive route, but should be determined on a case-by-case basis.
In principle, the route between the employee's place of residence and the workplace is not limited to the shortest route, nor should the employer specify the route. If the illness occurs during working hours, at the workplace, or due to work-related reasons, it is generally considered a work-related injury. After that, it can be treated as a work-related accident, and the employee and his or her immediate family can receive the corresponding work-related injury compensation.
Article 14 of the Regulations on Jujube Peel Work-related Injury Insurance "If an employee has any of the following circumstances, it shall be recognized as a work-related injury: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (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.
Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) Death of a sudden illness during working hours and at work, or death 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. Under normal circumstances, we should look at whether an employee's injury or illness is a work-related injury, and whether he or she was injured due to work-related reasons during the time he was working or in the workplace, that is, the determination of work-related injury should meet the three requirements for determining work-related injury in Article 14 of the Regulations on Work-related Injury Insurance.
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Legal Analysis: Sudden illness and death during work are counted as work-related injuries. The Regulations on Work-related Injury Insurance stipulate that during working hours and at work, a person who dies of sudden illness or dies within 48 hours after rescue is ineffective is a work-related injury.
Legal basis: Regulations on Work-related Injury Insurance
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 injuries sustained in war or in the line of duty, and have obtained a revolutionary disabled veteran certificate, and are injured after arriving at the employer.
Employees who have any of the circumstances in items (1) and (2) of the preceding paragraph 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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The Regulations on Work-related Injury Insurance clearly stipulate that if an employee dies of a 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, and the sudden illness during working hours shall be recognized as a work-related injury and can enjoy work-related injury benefits.
[Legal basis].
Article 15 of the Regulations on Work-related Injury Insurance.
If an employee has any of the following circumstances, it shall be regarded as a work-related injury:
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 originally served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained the certificate of revolutionary disabled servicemen, and have been injured after being lenient to 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 be entitled to work-related injury insurance in addition to a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
With regard to the non-work-related treatment of employees, Article 14 of the Labor Insurance Regulations stipulates that when a worker or employee dies due to illness or non-work-related injury, the funeral subsidy shall be paid under the labor insurance, the amount of which is the average salary of all workers and employees of the enterprise for 2 months; In addition, under the labor insurance**, according to the number of the immediate family members they support, the relief fee for supporting the immediate family members shall be paid, the amount of which is 6 months to 12 months' wages of the deceased, and the detailed measures are stipulated in the "Implementation Rules". Article 23 of the Draft Amendment to the Detailed Rules for the Implementation of the Labor Insurance Regulations stipulates that when a worker or employee dies due to illness or non-work-related injury, dies after retirement or dies after retirement due to complete loss of labor force due to non-work-related disability, in accordance with the provisions of Article 14 of the Labor Insurance Regulations, in addition to the average salary paid to the enterprise under labor insurance for 2 months as funeral subsidy, the relief fee for supporting immediate family members shall be paid by labor insurance ** in accordance with the following provisions: if he or she supports one immediate family member, 6 months' salary for the deceased; for 2 people, 9 months' salary for the deceased; If there are 3 or more persons, the salary of the deceased is 12 months.
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