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During the 8-hour working period, heat stroke due to high temperature meets the requirements of "being injured in an accident during working hours and in the workplace" stipulated in the Regulations on Work-related Injury Insurance, and is a work-related injury.
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 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.
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Heat stroke is an occupational disease and should be classified as a work-related injury. You can apply to the human resources and social security bureau where the employer is located for a determination of work-related injury, and the department will make a legally effective decision. To be provided at the time of application:
Application form for work-related injury determination, proof of existence of labor relationship, medical diagnosis certificate and other materials.
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 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.
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Any heat stroke caused by work at the workplace during working hours due to work reasons is a work-related injury, and you can apply for work-related injury recognition and enjoy work-related injury benefits. Heat stroke is an occupational disease and must be issued by an occupational disease diagnosis institution determined by the health department. After being identified as a work-related injury, the heatstroke employee can enjoy work-related injury benefits in accordance with relevant laws and regulations, and the medical expenses of employees who have participated in work-related injury insurance will be paid by work-related injury insurance**.
If the employer does not participate in work-related injury insurance, the medical expenses shall be borne by the employer. During the period when an employee suffers from a work-related injury such as heat stroke, he or she is a period of suspension of work with pay and is entitled to the treatment of suspension with pay.
Article 30 of the Regulations on Work-related Injury Insurance stipulates that employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**.
The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the standards for work-related injury insurance hospitalization services shall be prescribed by the social insurance administrative department in conjunction with the administrative department of health and health, the food and drug supervision and administration department, and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the file service agreement for the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**. Article 34 If an injured worker has been assessed for disability and has been confirmed by the Labor Ability Appraisal Committee to be in need of nursing care, he or she shall be paid a monthly living care allowance from the work-related injury insurance. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.
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Any heat stroke caused by work at the workplace during working hours due to work reasons is a work-related injury, and you can apply for work-related injury recognition and enjoy work-related injury benefits. Heat stroke is an occupational disease and must be issued by an occupational disease diagnosis institution determined by the health department. Article 14 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 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) 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 shall be recognized as work-related injuries as provided by laws and administrative regulations.
Regulations on Work-related Injury Insurance
Article 14. 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 work-related preparatory or finishing work in the workplace before or after working hours;
3) Accidentally injured by violence or other accidents during working hours or in the workplace due to the performance of work duties;
4) Suffering from occupational skin disease;
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.
Measures for the Management of Heatstroke Prevention and Cooling Measures".
Article 19. Workers who suffer from heat stroke due to hot work or hot weather work and are diagnosed with occupational diseases are entitled to work-related injury insurance benefits.
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Summary. Hello dear for your question, oh <>
In hot weather, heat stroke is considered a work-related injury during outdoor work. According to the new "Measures", workers who suffer from heat stroke due to work in hot weather can apply. If heat stroke is caused by hot work, and it is diagnosed or recognized as a work-related injury, it can enjoy work-related injury insurance benefits.
If a worker dies of heat stroke during working hours and at work, or dies within 48 hours after heat stroke is rescued, it shall be regarded as a work-related injury and shall be entitled to work-related injury insurance benefits. Medical and health institutions undertaking the diagnosis of occupational heat stroke shall be approved by the provincial-level people's health administrative department.
Is heat stroke considered a work-related injury at work outdoors in hot weather?
Hello dear, I'm glad to tease you back and answer <>this question
In hot weather, heat stroke is considered a work-related injury during outdoor work. According to the new "Measures", workers who suffer from heat stroke due to work in hot weather can apply. If heat stroke is caused by hot work, and it is diagnosed or recognized as a work-related injury, it can enjoy work-related injury insurance benefits.
If a worker dies of heat stroke during working hours and at work, or dies within 48 hours after heat stroke is rescued, it shall be regarded as a work-related injury and shall be entitled to work-related injury insurance benefits. Medical and health institutions undertaking the diagnosis of occupational heat stroke shall be approved by the provincial-level people's health administrative department.
In accordance with the relevant regulations, workers who are exposed to high-temperature work must undergo an occupational health examination before, during and after leaving the job, and the results of the examination shall be notified in writing. The cost of occupational health examination shall be borne by the employing unit.
Employers must also formulate an emergency plan for heat stroke, and provide heat stroke first aid personnel and sufficient first-aid medicines according to the number of workers engaged in hot work and hot weather work and the situation of hot work. If the employer arranges for the worker to engage in hot work or work in hot weather above 35, it shall pay a high temperature allowance to the worker who moves in a bad posture and include it in the total salary. The standard of high temperature allowance shall be formulated by the provincial labor and social security administrative department in conjunction with relevant departments, and adjusted in due course.
If the employer stops work due to hot weather or shortens the work period, the employer shall not deduct or reduce the employee's wages. [The new measures are difficult to implement].
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The first basis of the law: "Measures for the Administration of Heatstroke Prevention and Cooling Measures" Article 19 Where a worker suffers from heat stroke caused by hot work or work in hot weather, and is diagnosed as an occupational disease, he shall enjoy work-related injury insurance benefits.
Regulations on Fuel Insurance for Work-related Injuries Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is 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.
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The employer shall not deduct or reduce the wages of the employee due to the suspension of work or shortening the working hours due to the high rubber temperature, and heat stroke caused by hot work is a work-related injury. The trade union organization emphasized that workers who suffer from heat stroke caused by work in places with high temperature and high humidity and are diagnosed with occupational diseases by medical and health institutions that have obtained the qualification for diagnosing occupational diseases can enjoy the injury insurance benefits of the Gongliang Bureau in accordance with the law.
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1. Heat stroke caused by working in high temperature can be recognized as work-related injury. Article 19 of the Measures for the Administration of Heatstroke Prevention and Cooling Measures Article 19 Workers who suffer from heat stroke caused by hot work or work in hot weather and are diagnosed with occupational diseases shall enjoy work-related injury insurance benefits. Regulations on Work-related Injury Insurance
2. 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) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work.
7) Heat stroke caused by work in a high-temperature environment that should be recognized as the source of work-related injuries as provided by laws and administrative regulations can be classified as work-related injuries.
3. Occupational heat stroke can be recognized as a work-related injury. To be recognized as a work-related injury, it must be occupational heat stroke. Once a worker suffers from heat stroke while working in high temperatures, he or she must be diagnosed by an occupational disease diagnosis institution and confirmed as "occupational heat stroke" at the same time as he or she is sent to the hospital, and then he can apply to the local social insurance administrative department for recognition of work-related injury.
4. During high-temperature work, if the worker has dizziness, headache, thirst, sweating, general fatigue, palpitation, lack of concentration, etc., he may be in a state of precursor of heat stroke. In addition to paying attention to avoiding the heat in time, it is best for those who are tired to consume a certain low concentration of salty soft drinks.
5. Occupational heat stroke can be recognized as "occupational" heat stroke of work-related injury, and it can be recognized as work-related injury and enjoy treatment.
6. Heat stroke is an acute disease with central nervous system and/or cardiovascular disorders as the main manifestations caused by heat balance and/or water and salt metabolism disorders in a high temperature environment. If it is necessary to diagnose "occupational" heat stroke, it must be based on the occupational history of the hot worker (mainly referring to the meteorological conditions at work) and the main clinical manifestations such as increased body temperature, muscle spasm or syncope, and other similar diseases can be excluded before occupational heat stroke can be diagnosed, and it can be recognized as a work-related injury and can enjoy relevant work-related injury benefits.
7. Employers shall, in accordance with the requirements of laws and regulations, strengthen the prevention and cooling of summer heat stroke in the workplace, prevent safety production accidents, and reduce or avoid the occurrence of heat stroke among employees.
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