Can a person who dies within 3 hours of going home from work in the company on sick leave?

In such a situation, the employer may be required to apply for a work-related injury determination. If the work unit does not submit an application for work-related injury determination, the close relatives of the person concerned may directly submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area where the work unit is located within one year from the date of the accident injury.

If it is not found to be a work-related injury, and the close relatives of the parties are not satisfied with the findings, they may file an administrative reconsideration or administrative lawsuit.

A person who worked at the company died within three hours of returning home on sick leave. Is it okay to go to court with the company, I don't think it's okay because you've already taken a leave of absence. It's not that there's an accident at the company, it's that you get home. This has nothing to do with the company.

No. If you want to determine a work-related injury, you can file a lawsuit with the social security and labor department, and the work-related injury determination company can apply on your own one month after the company does not apply. If the labor bureau does not recognize the work-related injury, you can file an administrative lawsuit if you are not satisfied.

Depending on the situation, if there is a direct relationship, such as overtime, etc., which can be sued for causing death, it is recommended to consult a professional lawyer.

This should not be directly related to the company

Generally, there is no need to file a lawsuit, and there is a matter to negotiate and settle.

Employees should not blame the company for their deaths, don't think so.

What kind of lawsuit? What is the appeal? What disease did he die of? Is the illness work-related?

The specific situation needs to be analyzed on a case-by-case basis, so it is recommended to consult with a friend who understands the law in detail.

Legal Analysis: Yes. If an employee dies of a sudden illness at the workplace when he or she is absent from working hours (arriving at the company in advance) but dies of a sudden illness at the workplace, the employee may request the employer to pay him or her work-related death benefits.

Legal basis: Draft Amendment to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance Article 23 When a worker 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, according to the provisions of Article 14 of the Labor Insurance Regulations, in addition to the average labor circle fiber paid to the enterprise under the labor insurance ** for two months as a funeral subsidy, and according to the following provisions of the labor insurance** The next relief fee for supporting the immediate family members: if the immediate family member Zhichang is supported, the salary of the deceased himself shall be six months; in the case of two persons, the deceased's own salary for nine months; If there are three or more persons, the deceased's salary shall be 12 months' salary.

1. According to the law, if an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue is ineffective, it is regarded as a work-related injury. If a person dies within 48 hours of illness or discomfort during working hours or at work, but is not sent to the hospital for emergency treatment but goes home to rest, and dies within 48 hours, it should not be regarded as a work-related injury.

2. [Legal basis].

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:

1) Died of sudden illness or died of sudden illness within 48 hours of ineffective rescue during the time of work, or died of death within 48 hours of being rescued;

(2) Harmed in emergency rescue and disaster relief or other activities to preserve national interests 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, have obtained a certificate of revolutionary disabled servicemen, and are injured after arriving at the employer.

Summary. Hello dear, it is a pleasure to serve you <>

The company does not need to lose money if an employee dies in an accident at home during the leave period. If the employee is not due to work, the employer shall not be liable for compensation, and there shall be treatment for the death of the employee without work. In the case of work-related death, the next of kin can receive the following compensation:

The standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year; 40 per cent per month for dependent relatives for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan on top of the above rates; The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; Other.

Does the company lose money if an employee dies unexpectedly at home while on leave.

Hello dear, I am glad that Shen Gaotan is at your service <>

The company does not need to lose money if an employee dies in an accident at home during the leave period. If the employee dies outside Kuantong and is not due to work, it is not a work-related death, and the employer is not liable for compensation, and there is a non-work-related death treatment. In the case of work-related death, the next of kin can receive the following compensation:

The standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year; 40 per cent per month for dependent relatives for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan on top of the above rates; The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; Other.

Legal basis: In the first paragraph of Article 39 of the Regulations on Work-related Injury Insurance, if an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a work-related death subsidy from the work-related injury insurance in accordance with the following provisions: (1) The funeral subsidy shall be 6 months' average monthly wage of employees in the overall area of the previous year; (2) The pension for dependent relatives shall be paid to the relatives who provided the main living expenses of the employees who died due to work and had no ability to work. The criteria are:

40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly 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 as a result 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 subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.

Summary. Hello dear for your question, oh <>

If an employee dies in an accident at home during the leave period, the company does not lose money, and if the employee dies on leave, the employer should be responsible or not, depending on the cause of the death, and if the employee dies due to work-related injuries such as occupational illness, the employer shall be liable.

Does the company lose money if an employee dies unexpectedly at home while on leave.

Hello, dear, it's a pleasure for you to have a big omen of this omen, oh <>

If an employee dies in an accident at home during the leave period, the company does not lose money, and if the employee dies on leave, the employer should be responsible or not, depending on the reason for the death, and if the employee dies due to work-related injuries such as occupational illness, the employer shall be liable.

If an employee dies due to other reasons during the holiday, and the employer shall bear the liability for compensation for the non-work-related death, the legal basis shall be as follows: "Interim Provisions on the Vacation Treatment and Death Pension Benefits of Employees of Chongkai Enterprises in Guangdong Province" 10. If an employee (including retirees) dies due to illness or non-work-related injury, a funeral subsidy shall be paid, a one-time xing relief fund for supporting immediate family members (or a living allowance for supporting immediate family members), and a one-time xing pension. Standard of funeral allowance:

3 months' salary (monthly salary is calculated according to the local average monthly salary of the previous year, the same below); **Immediate family members are eligible for a one-time benefit payment: 6 months' salary; One-time pension standard: 6 months' salary for in-service employees; 3 months' salary for retirees.

In the event of the death of a retiree who has participated in the social endowment insurance, the local social insurance institution shall pay the benefits in accordance with the relevant provisions of the endowment insurance; In the event of the death of an employee due to illness or non-work-related injury, the enterprise shall pay the death pension according to the above standards, except where there are provisions for inclusion in social insurance payment.