What is the responsibility of the employer for the death of an individual who conceals heart disease

If an employee dies suddenly of a heart attack during working hours or at work, it shall be regarded as a work-related injury if it meets the provisions of Article 15 (1) of the Regulations on Work-related Injury Insurance. Work-related injury insurance implements no-fault liability insurance, and the concealment of heart disease by employees does not affect the enjoyment of work-related injury insurance benefits.

According to Articles 39, 62 and 64 of the Regulations on Work-related Injury Insurance, if an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1. The funeral subsidy shall be paid according to the average monthly wage of employees in the overall planning area for 6 months in the previous year.

2. The pension for dependent relatives shall be paid to the relatives who are unable to work and provide the main livelihood of the employee who died on the job 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.

3. The standard of one-time work-related death allowance shall be paid at 20 times the per capita disposable income of urban residents in the previous year.

The specific scope of supporting relatives shall be determined in accordance with the Ministry of Human Resources and Social Security's "Provisions on the Scope of Supporting Relatives of Employees Who Die on the Job".

If the employer does not participate in work-related injury insurance, the employer shall bear all the expenses.

Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases at work.

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;

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 are unable to work and provide the main livelihood of the employee who died on the job 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 allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

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 it is a death due to on-the-job illness, it is considered a work-related death! However, such deaths are not included in the assessment indicators.

The unit is responsible for compensation and aftermath handling.

There was a mistake in the last reply, so I'll correct it again:

According to Article 15 of the Regulations on Work-related Injury Insurance, 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;

Therefore, sudden death at work is considered a work-related injury. As for concealing a major illness, it can only be said that it violates the company's rules and regulations, but if a person dies, it cannot be investigated and punished. Liability for work-related injuries is imposed.

The unit compensates the family of the deceased.

Legal analysis: An employee's death from a heart attack during work is a work-related injury, and if an employee dies of a sudden illness or dies within 48 hours after rescue is ineffective during working hours and at work, it is deemed that the injured employee dies on the job, and his close relatives can receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance**.

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.

1. According to the provisions of the Regulations on Work-related Injury Insurance:

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

can be counted as a work-related injury.

2. If you have already left work, even if it is a dormitory provided by the company, sudden cardiac death cannot be recognized as a work-related injury, but the employer can be required to pay various benefits for non-work-related death.

Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts fails, shall be regarded as a work-related injury.

If the death occurred in the factory, it can be considered a work-related injury, but if the death occurred during a break at home, it does not belong to the work-related injury.

Death from a sudden illness in the workplace during working hours, or death within 48 hours of a sudden illness, may be deemed to be a work-related injury.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

If it is not a work-related injury, the factory will not compensate for it.