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If an employee dies of sudden illness during work, it is a work-related death.
The employer shall pay the employee the benefits of work-related death. If the worker's work-related injury insurance is paid, most of the compensation is paid by the work-related injury insurance. If the payment is not made, the employer shall bear all the work-related death benefits.
Article 39 of the Regulations on Work-related Injury Insurance 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 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.
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.
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Can the sequelae of a sudden illness at work be recognized as a work-related injury?
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As for the cause of death caused by illness you said is the unit responsible for providing evidence, generally normal people may have problems working overtime so overtime, refer to the diagnosis of the attending physician on the medical record to see if it can be used as evidence to reduce responsibility. Judging from your above statements, I personally believe that your organization will bear most of the liability.
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1. Died of sudden illness during working hours and at work, or died within 48 hours after rescue 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.
1. Conditions for the recognition of work-related injuries.
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) The employee was originally serving in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is injured after arriving at the employer.
2. What are the circumstances under which a work-related injury is treated?
The circumstances that are regarded as work-related injuries are as follows: (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 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 certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.
Legal basis: Article 14 of the Social Insurance Law of the People's Republic of China shall be recognized as a work-related injury if an employee 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) On the way to and from work, being injured in a traffic spinal rental accident for which the person is not primarily responsible, or in an accident involving urban rail transit, passenger ferry, or train;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Summary. Hello dear worker who dies of sudden illness before going to work is in the category of work-related injury, and his family is entitled to work-related injury compensation.
Hello dear worker who dies of sudden illness before going to work is in the category of work-related injury, and his family is entitled to work-related injury compensation.
According to Article 16 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if a worker suffers a work-related injury or illness during the work or work assignment, he or she shall be recognized as a work-related injury by the Labor Ability Appraisal Committee and enjoy one of the following work-related injury insurance benefits: ......However, it can be seen that the death of a worker before going to work shall belong to the period of work assignment, and his death shall be recognized as a work-related injury. In this case, the work-related injury insurance should pay the claim.
Kiss <>
In addition to workers' compensation insurance, there are actually other types of compensation that can be considered. For example, in the event of an accidental death in the workplace, the family can apply for a one-time subsidy from the labor and social security department to compensate for some of the expenses caused by the unfortunate death. In addition, on the basis of work-related injury compensation, the family can also claim compensation from the employer for some other expenses caused by the work-related injury in accordance with the relevant provisions of the Tort Liability Law, such as medical expenses, pensions, mental damages, etc.
At the same time, the employer shall also bear the liability for breach of contract, such as the unfortunate death of the worker due to the failure to take the necessary preventive measures, and the employer shall also bear the corresponding punishment liability.
Therefore, no matter from which level, the death of a worker should be dealt with in accordance with laws and regulations. <>
Kiss, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>
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Summary. If a worker dies due to a sudden illness during work, it is a work-related injury and compensation shall be made in accordance with the work-related death benefits. In accordance with the law, funeral allowances, pensions for dependent relatives and one-time public death subsidies shall be received from work-related injury insurance**.
If a worker dies due to a sudden illness during the course of work, it is a work-related injury and compensation shall be made in accordance with the work-related death benefits. In accordance with the law, the funeral allowance shall be received from the work-related injury insurance**, the funeral allowance and the one-time public death subsidy.
According to Article 15 of the Regulations on Work-related Injury Insurance, 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 national interests or public interests; (3) The employee was previously serving in the army, but was disabled due to injuries sustained in war or in the line of duty, and has obtained a revolutionary disabled military certificate, and is injured after arriving at the employer.
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During working hours and at work, only a person who dies of sudden illness or dies within 48 hours after rescue efforts fails, can be regarded as a work-related injury.
According to the Regulations on Work-related Injury Insurance, only employees "who die of sudden illness during working hours and at work, or who die within 48 hours after rescue efforts fail, shall be regarded as work-related injuries".
Employees who are not recognized as work-related injuries due to sudden illnesses at work can enjoy medical insurance benefits. >>>More
Death from sudden illness at work or death within 48 hours after rescue efforts are ineffective is considered a work-related injury. >>>More
Mental illness is mainly caused by personal internal factors, and sudden mental illness during work does not meet the criteria for work-related injury and does not constitute a work-related injury. >>>More
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.
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 falls under any of the following circumstances: >>>More