Is death from sudden illness during working hours a work related injury?

If a person dies of sudden illness during working hours, if it occurs on the job, it shall be regarded as a work-related injury.

Whether it is a work-related injury or not can be applied to the Human Resources and Social Security Bureau for a work-related injury determination within one year from the date of the accident injury, and the department will make a legally effective decision. When applying, you need to provide: application form for work-related injury determination, proof of existence of labor relationship, death certificate and other materials.

Legal basis: 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;

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 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

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).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

Death from sudden illness at work during working hours, or death within 48 hours after rescue efforts fail, is regarded as a work-related injury. If an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue efforts fail, it shall be regarded as a work-related injury in accordance with the provisions of Article 15 (1) of the Regulations on Work-related Injury Insurance; Those who survive or die outside 48 hours cannot be regarded as work-related injuries and are treated as due to illness. The starting time of "48 hours" is calculated based on the time of the first diagnosis of the medical institution as the starting time of the sudden illness.

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) Death from sudden illness during working hours and at work, 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 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.

Ministry of Labor and Social Security "Opinions on Several Issues Concerning the Implementation" Ministry of Labor and Social Security Letter No. 2004 No. 256 3. Article 15 of the Regulations stipulates that "the new regulations on work-related injury insurance for employees during working hours and at their posts." If a person dies of sudden illness or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury." The term "sudden illness" here includes all kinds of diseases.

The starting time of "48 hours" is calculated based on the time of the first diagnosis of the medical institution as the starting time of the sudden illness.

If the employee dies of sudden illness during working hours, it is regarded as a work-related injury, and if the employee has any of the following circumstances, it is regarded as a work-related injury: during working hours and at work, the employee dies of sudden illness or dies within 48 hours after rescue fails; The "48 hours" rule is for personal illness, not for work. The so-called onset of self-illness or death refers to the physical health of the employee, which has no direct causal relationship with the work, so it does not constitute a "work-related injury".

However, in order to better protect the rights and interests of employees, China has appropriately extended the coverage of work-related injury insurance, stipulating that if an employee dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it is stipulated as "regarded as a work-related injury".

1. How long does it take to get the results after going for a work-related injury appraisal?

The results of the work-related injury appraisal will be issued within 60 days, and the results of the work-related injury grade appraisal can generally be obtained within 60 days from the date of receipt of the application for the appraisal of the working ability by the Labor Ability Appraisal Committee, and the time limit for making the conclusion of the appraisal of the working ability can be extended by 30 days under special circumstances. According to the regulations, if an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be evaluated for his or her ability to work. The employer, the injured employee or his or her close relatives shall submit an application to the labor ability appraisal committee at the districted city level, and provide relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.

Article 25 of the Regulations on Work-related Injury Insurance.

After the labor ability appraisal committee at the districted city level accepts the application for labor ability appraisal, it shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make a conclusion on the appraisal of the labor ability of the injured employees according to the appraisal opinions of the special bending chain home group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.

2. Work-related injury appraisal process.

Work-related injury identification process:

1.The person in charge of the unit, the employee himself or his close relatives shall submit an application for work-related injury appraisal to the appraisal agency with the prescribed materials;

2.The staff accepts the materials and reviews the materials;

3.Notify the person being evaluated to go to a designated place for a physical examination;

4.According to the results of the physical examination, the experts of the medical appraisal team will issue an appraisal opinion.

If it is only a sudden illness and death, or if the rescue is ineffective within 48 hours, the death is regarded as a work-related injury. If a worker is on the way to and from work, if the sudden death is due to a non-work-related occupational cause, it is not considered a work-related injury. The law stipulates that if an employee has any of the following circumstances, it shall be recognized as a work-related injury:

1. Suffering from occupational diseases; 2. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 3. On the way to and from work, being injured by traffic accidents or urban rail transit, passenger ferries, or train accidents for which he or she is not primarily responsible; 4. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

Legal basisArticle 15 of the Regulations on Work-related Injury Insurance.

It stipulates that 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, he dies of sudden illness or dies within 48 hours after rescue fails; 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.