Sudden illness and no death on the job is considered a work related injury

1. Sudden illness and no death on the job cannot be recognized as a work-related injury.

2. 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.

1.There is only one circumstance in which a sudden illness at work is recognized as a work-related injury, that is, Article 15, Paragraph 1 of the Regulations on Work-related Injury Insurance, which states that "during working hours and at work, the person dies of a sudden illness or dies within 48 hours after rescue fails; ”

2.In other words, a work-related injury can only be recognized if there is a death from a sudden illness or death within 48 hours after the sudden illness is ineffective. This is not a good sound, but the fact is that those who are sick and die can be recognized, and those who are alive, no matter how serious, are not work-related injuries!

3.If you don't understand anything, you can ask or call 12333 directly to consult your local labor department!

If an employee suddenly falls ill in the course of work, it may not necessarily be recognized as a work-related injury. If it is a sudden illness, the death is considered a work-related injury if the rescue fails within 48 hours. Other accidents that can be treated as work-related injuries require the occurrence of accidents during working hours and must be work-related.

Legal analysisSudden illness at work cannot be generalized, the key is to look at the consequences of sudden illness. There are seven statutory circumstances that should be recognized as work-related injuries: injuries caused by accidents during working hours and in the workplace; 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 the accident are unknown; 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 while commuting to or from work; Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

In practice, onset of illness in the workplace is generally treated as non-work-related. However, if it is caused by work tension, it can be counted as a work injury. Stressful work situations generally refer to:

In the period before the onset of the disease, the output exceeded the usual quantity, and the continuous work exceeded the normal working load; Due to work needs, work overtime and work overtime continuously; If you are sick and the doctor prescribes a rest note, but the leader has an urgent task and cannot rest or go for treatment.

Legal basisRegulations on Work-related Injury Insurance Article 15 An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (1) He dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (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 certificate of disabled revolutionary servicemen, but 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.

If you are sick but suddenly fall ill at work during working hours, and you die within 48 hours after being sent to the hospital, it should be recognized 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;

According to the provisions of the regulations on work-related injury insurance, if a sudden illness at work dies within 48 hours after the rescue fails, it can be recognized as a work-related death, so it depends on the specific time of death, if it is within 48 hours, you can apply for recognition as a work-related death.

The work-related injury insurance system includes the prevention of accidents and assistance to the injured**. The legislation of all countries in the world requires employers to be responsible for the employees' **. Employers should strive to reduce the occurrence of accidents, improve working conditions, strengthen safety training for workers, and promptly discover hidden dangers of accidents and correct them in a timely manner.

In the event of an accident, it is necessary to take measures including vacations and other measures to promote employees as soon as possible. Help the injured and disabled to recover their ability to work, and create conditions for the disabled to live and work.

If an employee has any of the following circumstances, it shall be regarded as 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. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests.

3. Employees who originally 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.

Expenses covered by workers' compensation insurance**:

1. Medical expenses and expenses for work-related injuries.

2. Hospitalization meal subsidy.

3. Transportation and accommodation expenses for medical treatment outside the overall planning area.

4. The cost of installing and configuring assistive devices for the disabled.

5. For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee.

6. One-time disability allowance and monthly disability allowance for disabled employees of grades 1 to 4.

7. A one-time medical subsidy shall be enjoyed when the labor contract is terminated or dissolved.

8. In the event of a work-related death, the survivors shall receive funeral subsidies, pensions for dependent relatives and work-related death subsidies.

9. Labor ability appraisal fee.

Legal basis

Regulations of the People's Republic of China on Work-related Injury Insurance Article 29 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**.

The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments.

Legal Analysis: Count. In order to protect the legitimate rights and interests of workers, especially those who are injured by accidents or suffer from occupational medical records due to work, the Regulations on Work-related Injury Insurance have been promulgated, stipulating that the establishment of work-related injury insurance shall be established, and the employer shall participate in work-related injury insurance, pay work-related injury insurance premiums for all employees of the unit, and enjoy work-related injury insurance benefits.

Legal basis: Regulations 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: (1) he or she is 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) 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 while commuting to or from work; (7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; 2. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests. (3) The employee originally served in the army, was disabled due to war or duty injuries, and has obtained the certificate of revolutionary disabled soldier, and the old injury is rotten after arriving at the employer.

If it meets the requirements of Paragraph 1 of Article 15 of the Regulations on Work-related Injury Insurance, it shall be regarded as a work-related injury.

Regulations on Work-related Injury Insurance and Basic Insurance

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Death from a sudden illness during working hours and at work, or death within 48 hours of receiving liquid after rescue efforts failed;

If you suddenly fall ill at work and are resuscitated by the hospital, you will die within 48 hours. In this case, a work-related injury can be declared.

Is it considered a work-related death if you have a disease?

If you are sick, but you suddenly fall ill at work during working hours, and you do not come back to rescue and die within 48 hours after being sent to the hospital, it should be recognized 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 under any of the following circumstances: (1) He or she dies of a sudden illness or dies within 48 hours after rescue is ineffective while working at work;

If a person dies of a sudden illness at work, it is a work-related injury, and the criteria for determining work-related injuries are:

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 a 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 the national interest or the public interest;

3) Employees who are disabled due to service, war, or duty injuries, have obtained a disabled military certificate, and are injured after arriving at the employer.

1. What materials do I need to prepare to apply 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).

2. What are the circumstances under which work-related injury benefits are stopped after a work-related accident?

1) Loss of conditions for enjoying benefits;

2) Refusal to accept the appraisal of labor ability;

c) Refusal.

3. How to calculate the compensation standard for work-related death?

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 supporting relatives shall be paid to the relatives who provided the main livelihood during the death of the employee and are 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 specific scope of support for 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.

It's a work-related injury. During working hours and at work, death from sudden illness or death within 48 hours after rescue efforts failed can be considered work-related death. 2. The benefits of work-related death include:

1) One-time work-related death subsidy: 20 times the per capita disposable income of urban residents in the previous year; (2) Funeral subsidy: 6 months of average monthly wages of employees in the overall area in the previous year; (3) Pension for dependent relatives:

According to a certain proportion of the salary of the deceased employee, it will be paid to the relatives of the deceased employee who provided the main livelihood and was unable to work during his lifetime. The standard is: 40% per month for spouses, 30% per month for other relatives, and 10% for the elderly or orphans (4) transportation expenses.

If the negotiation fails, the applicant may apply for arbitration or litigation of labor disputes at the place where the accident occurred or where the employer is located.

Article 4 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises shall be calculated according to the cumulative early sick leave time within six months if the medical treatment period is three months; If Chunfeng is six months, it will be calculated as the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.