Work related fatality identification procedures, work related fatality identification processes and

If the deceased pays the main responsibility, it does not affect the result of the determination of the work-related injury. The determination of work-related injuries is based on the time, place, and cause of the injury. If it meets the conditions for the recognition of work-related injuries under Article 14 of the Regulations on Work-related Injury Insurance or the conditions for treating it as a work-related injury under Article 15, and there are no circumstances under Article 16 that prohibit the recognition of work-related injuries, it shall be regarded as work-related injuries.

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) 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.

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.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Provide the labor relationship certificate and death certificate to the Human Resources and Social Security Bureau.

1. How to go through the process of work-related death identification.

1. The process of work-related death determination is as follows:

1) Submit an application for recognition of work-related death within the prescribed time limit;

2) The social insurance administrative department accepts the application for recognition of work-related injuries in the social insurance department;

3) The social insurance administrative department conducts investigation and verification;

4) Make a decision on the determination of work-related injury after verification.

2. Legal basis: Article 36 of the Social Insurance Law of the People's Republic of China.

If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as having been injured by a worker, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37.

If an employee is at work due to one of the following circumstances, it shall not be deemed to be a work-related injury:

1. Intentional offense;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

2. What materials need to be provided for the determination of work-related deaths?

The materials that need to be submitted for the determination of work-related injuries due to the death of an employee are:

1. Application form for work-related injury identification;

2. Proof of the existence of labor relationship with the employer;

3. Medical diagnosis certificate or occupational disease diagnosis certificate;

4. Death certificate issued by a medical institution or appraisal agency.

The process of determining a work-related fatality is as follows:

1) Submit an application for recognition of work-related death within the prescribed time limit;

2. The social insurance administrative department is subject to an application for recognition of work-related injuries;

3. The social insurance administrative department conducts investigation and verification;

4) Make a decision on the determination of work-related injury after verification.

What materials need to be provided for the determination of work-related deaths.

The materials that need to be submitted for the determination of work-related injuries due to the death of an employee are:

1. Application form for work-related injury identification;

2. Proof of the existence of labor relationship with the employer;

3. Medical diagnosis certificate or occupational disease diagnosis certificate;

4. Death certificate issued by a medical institution or appraisal agency.

Legal basis: Article 36 of the Social Insurance Law of the People's Republic of China.

If an employee is injured in an accident or suffers from an occupational and ruined disease due to work-related reasons, and is recognized as a work-related injury, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37.

If an employee is at work due to one of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

The circumstances of work-related death are as follows:

1. Death directly caused by work-related accidents or occupational diseases. The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; The pension for dependent relatives shall be paid to the relatives who provided the main livelihood and were unable to work according to a certain proportion of the employee's own salary;

2. During working hours and at work, if you die of sudden illness or die within 48 hours after rescue is ineffective, it will be regarded as a work-related injury. **If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**;

3. Death due to work-related disability is identified as level 1-4 and during the period of enjoying disability allowance. If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business trips;

4. Death during the period of suspension of work and salary due to work-related injury or occupational disease. 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 his or her death. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department;

5. Death from old injuries of work-related injuries or old diseases of occupational diseases. **The cost of work-related injury must meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards.

Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

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 preparatory or finishing work related to 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 accident or an accident involving an urban rail transit, passenger ferry, or train accident that is not the responsibility of the person who is not responsible for the main search and cover;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Summary. Kiss! Hello <>

Procedures for recognition of work-related deaths: 1. Submit an application for recognition of work-related deaths within the prescribed time limit; 2. The social insurance administrative department accepts the application for recognition of work-related injury; 3) The social insurance administrative department conducts investigation and verification; 4) Make a decision on the determination of work-related injury after verification.

Work-related fatality determination process.

Kiss! Hello <>

Procedures for the determination of the death of the injured worker: 1. Submit an application for the recognition of the death of the work-related injury within the specified time limit; 2. The social insurance administrative department accepts the application for recognition of work-related injury; 3. The administrative department of social banquet insurance shall conduct investigation and verification; 4) Make a decision on the determination of work-related injury after verification. Lu Xun.

Kiss! <>

According to Article 5 of the Measures for the Determination of Work-related Injuries, if the employer fails to submit an application for work-related injury recognition within the prescribed time limit, the injured employee, his close relatives or trade union organizations may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, apply for work-related injury recognition in accordance with Article 4 of these Measures. Article 9 stipulates that after accepting an application for determination of work-related injury, the social insurance administrative department may, as necessary, investigate and verify the evidence provided by the applicant. Article 18 of the Measures for the Determination of Work-related Injuries stipulates that the social insurance administrative department shall make a decision on the determination of work-related injuries within 60 days from the date of acceptance of the application for work-related injury determination, and issue a Decision on Determination of Work-related Injury or Decision on Non-recognition of Work-related Injury.

Kiss! Hello <>

To apply for work-related injury determination, you should fill in the Application Form for Work-related Injury Determination and submit the following materials: 1. A copy of your SFZ or social security card; 2. A copy of the labor and employment contract or other supporting materials for the existence of a labor relationship (including a de facto labor relationship) or a personnel relationship with the employer; 3. Zhen Zhiheng's death certificate. Hope it helps.