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If the person dies on the spot due to a sudden cerebral hemorrhage during working hours or at the place of work, or dies within 48 hours of ineffective rescue, it is a work-related injury, and the family can receive work-related death benefits.
Regulations on Work-related Injury Insurance
Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the 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.
Article 40 Disability allowances, pensions for dependent relatives, and living care expenses shall be adjusted in a timely manner by the social insurance administrative departments of the coordinating regions in accordance with changes in the average wages and living expenses of employees. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.
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If the illness occurs during working hours and dies within 48 hours of rescue, it shall be deemed to be a work-related injury, and if it is not caused during working hours, it is not a work-related injury, and the employer does not need to pay compensation.
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If you meet the conditions for work-related injury, you can enjoy work-related injury benefits.
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If a colleague dies of cerebral hemorrhage during working hours, does the company have to compensate?
1. An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: death due to sudden illness or ineffective rescue within 48 hours during working hours and at work; Harming the interests of the state or the public in the course of emergency rescue and disaster relief activities; Employees who have served in the army, who have been disabled due to war or work, have obtained the certificate of revolutionary disabled soldiers, and are injured after arriving at the employer. Your colleague dies of a cerebral hemorrhage during working hours, which is the first case and is considered a work-related injury.
2. How to make compensation? If the company is insured, the compensation shall be paid by the work-related injury insurance administrative department of the place where the company is insured; If it is not insured, it will be compensated by the company. Funeral allowance.
The standard of funeral subsidy is 6 months of the average monthly salary of employees in the city in the previous year. A lump sum benefit for work-related deaths. The standard of the one-time death benefit is 20 times the per capita disposable income of urban residents in the previous year.
Support for relatives to provide for the elderly. Eligible relatives are supported by the deceased worker, and eligible relatives pensions are also available.
3. When we work in the workplace, we will encounter all kinds of problems, including the death of various diseases at work. The year before last, a section chief in charge of production in a subordinate company of our unit suddenly spread out on the sofa in the office. After being discovered by a colleague in time, he was taken to a local hospital for emergency treatment, but died in less than 48 hours.
Fortunately, this colleague has been in the company for a long time. After arriving at the company, the company has handled five insurances and one housing fund, which is relatively easy to do.
4. Although the family members are emotional and noisy when dealing with it, no matter how noisy it is, such a problem can only be dealt with in accordance with the provisions of work-related injury insurance. Last year, a newly recruited employee of our Inner Mongolia company had just arrived in the company for a week, and the company had not yet had time to apply for work-related injury insurance. As a result, he collapsed in the workshop where he worked due to low blood sugar, and unfortunately passed away less than 48 hours after being sent to the hospital.
Although the company had not yet had time to apply for work-related injury insurance at that time, it still had to compensate in accordance with the provisions of work-related injury compensation.
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The company where a colleague dies of cerebral hemorrhage during working hours needs to be compensated, because according to the relevant laws and regulations of China, this situation is a work-related injury, and the employer must provide him with compensation according to relevant regulations, and the family can go to receive work-related injury insurance**, pension for dependent relatives and a one-time work-related death subsidy.
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I believe that the company needs to be responsible for this colleague, and he needs to compensate the colleague's family, because according to the relevant labor laws, if the employee dies suddenly at his job, the company needs to compensate the employee accordingly.
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The company should indeed compensate for the accident, because the colleague had an accident during working hours, which is a work-related injury, and the company should provide him with a certain amount of financial compensation.
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