The 2014 work related death compensation includes the death of a sudden illness on the way to work

The following procedures for determining work-related injuries shall be based on the results issued by the accreditation body, and the following are the procedures for determining work-related injuries:

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

1. Died of sudden illness during working hours and at work, or died within 48 hours after rescue failed;

2. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests;

3. Employees who originally 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.

1. Conditions for the recognition of work-related injuries.

If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

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) The employee was originally serving in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is injured after arriving at the employer.

2. What are the circumstances under which a work-related injury is treated?

The circumstances that are regarded as work-related injuries are as follows: (1) during working hours and at work, death from sudden illness 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 injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

Legal basis: Article 14 of the Social Insurance Law of the People's Republic of China shall be recognized as a work-related injury if an employee has 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) On the way to and from work, being injured in a traffic spinal rental accident for which the person is not primarily responsible, or in an accident involving urban rail transit, passenger ferry, or train;

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

Summary. Hello <>

From a legal point of view: this is okay, if the employee dies suddenly and unexpectedly during work, then it can be regarded as a work-related injury, and it can be compensated in accordance with the work-related injury insurance regulations stipulated by the state, but it needs to be satisfied that it is actually due to illness during work, and the death within 24 hours of rescue is invalid, it can be recognized as a work-related injury. The company is required to compensate for funeral expenses, as well as compassionate expenses for loved ones, as well as a one-time work-related death grant.

Is it possible to claim compensation for work-related injury insurance for 18 days of sudden illness at work?

Hello <>

From a legal point of view, the first loss analysis: this is okay, if the employee dies suddenly and unexpectedly during work, then it can be regarded as a work-related injury, and the elderly can be compensated in accordance with the national regulations on work-related injury insurance, but it needs to be satisfied that it is actually due to illness during work, and the rescue is ineffective within 24 hours of death, which can be recognized as a work-related injury. The company needs to compensate for funeral expenses, as well as compassionate expenses for loved ones, and a one-time work-related death allowance.

Hello <>

From a legal point of view, the basis is as follows: Article 17 of the "Regulations on Work-related Injury Insurance" provides that 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 the event of a major disadvantage, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

Summary. If a worker dies due to a sudden illness during work, it is a work-related injury and compensation shall be made in accordance with the work-related death benefits. In accordance with the law, funeral allowances, pensions for dependent relatives and one-time public death subsidies shall be received from work-related injury insurance**.

If a worker dies due to a sudden illness during the course of work, it is a work-related injury and compensation shall be made in accordance with the work-related death benefits. In accordance with the law, the funeral allowance shall be received from the work-related injury insurance**, the funeral allowance and the one-time public death subsidy.

According to Article 15 of the Regulations on Work-related Injury Insurance, an employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (1) He dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national interests or public interests; (3) The employee was previously serving in the army, but was disabled due to injuries sustained in war or in the line of duty, and has obtained a revolutionary disabled military certificate, and is injured after arriving at the employer.

Summary. Hello dear worker who dies of sudden illness before going to work is in the category of work-related injury, and his family is entitled to work-related injury compensation.

Hello dear worker who dies of sudden illness before going to work is in the category of work-related injury, and his family is entitled to work-related injury compensation.

According to Article 16 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if a worker suffers a work-related injury or illness during the work or work assignment, he or she shall be recognized as a work-related injury by the Labor Ability Appraisal Committee and enjoy one of the following work-related injury insurance benefits: ......However, it can be seen that the death of a worker before going to work shall belong to the period of work assignment, and his death shall be recognized as a work-related injury. In this case, the work-related injury insurance should pay the claim.

Kiss <>

In addition to workers' compensation insurance, there are actually other types of compensation that can be considered. For example, in the event of an accidental death in the workplace, the family can apply for a one-time subsidy from the labor and social security department to compensate for some of the expenses caused by the unfortunate death. In addition, on the basis of work-related injury compensation, the family can also claim compensation from the employer for some other expenses caused by the work-related injury in accordance with the relevant provisions of the Tort Liability Law, such as medical expenses, pensions, mental damages, etc.

At the same time, the employer shall also bear the liability for breach of contract, such as the unfortunate death of the worker due to the failure to take the necessary preventive measures, and the employer shall also bear the corresponding punishment liability.

Therefore, no matter from which level, the death of a worker should be dealt with in accordance with laws and regulations. <>

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