Is death due to secondary illness caused by work related injury a work related death?

If an injured employee dies due to a work-related injury during the period of suspension of work with pay, he or she can enjoy a certain amount of funeral allowance and pension for dependent relatives, but there is no one-time work-related death subsidy.

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 subsidy is 20 times the per capita disposable income of urban residents in the previous year (21,810 yuan per capita disposable income of urban residents in 2011).

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.

If a person dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it is regarded as a work-related injury. In the event of sudden illness or death during work, the employer shall also compensate for the death. Their close relatives can receive a funeral allowance, a dependent family pension and a lump sum work-related death allowance from the work-related injury insurance**.

The scope of work-related injuries is the premise for the determination of work-related injuries, and is generally directly stipulated by law. The provisions of work-related injury insurance laws and international labor conventions on the scope of work-related injuries in various countries and regions mainly adopt the following legislative models: general legislative model, enumerated legislative model, and mixed legislative model.

The determination of work-related injury is an administrative confirmation act by the labor administrative department to give a qualitative administrative confirmation to whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury in accordance with the authorization of the law. A qualitative act of a worker who infringes on his or her person due to improper operation or other reasons in the course of work or deemed work, and conducts a qualitative act in order to identify the subject of the infringement. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department.

Legal basis

Regulations on Work-related Injury Insurance

Article 19 After accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the examination, conduct an investigation and verification of the accident injury, and the employer, employees, trade union organizations, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law.

If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof. 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.

Sudden illness and death during the wage period are classified as work-related injuries in the following cases:

1. China's "Regulations on Work-related Injury Insurance" stipulates that if an employee has any of the following circumstances, it shall be regarded as a work-related injury: during working hours and at work, he dies of sudden illness or dies within 48 hours after rescue is ineffective;

2. The "48 hours" rule is aimed at the situation caused by one's own illness, not directly caused by 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's "Regulations on Work-related Injury Insurance" has appropriately extended the scope of work-related injury insurance, and stipulates that if an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue is ineffective, it is stipulated as "regarded as work-related injury".

Article 15 of the Regulations on Work-related Injury Insurance shall be regarded as a work-related injury if an employee has 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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.