Is death due to illness in the company dormitory a work related injury?

It's not a work-related injury. Work-related injury refers to the death of an employee due to an accident injury or occupational disease hazard due to work-related reasons, and the death of an employee in the company's dormitory is a death rather than a work-related injury.

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.

According to the Regulations on Work-related Injury Insurance, only a person who dies of sudden illness during working hours and at work or dies within 48 hours after rescue is ineffective can be regarded as a work-related injury, so death due to illness in the company's dormitory is not a work-related injury.

Not counted. Because employees are only compensated for injuries and deaths during overtime and working hours. Employees are treated differently if they become ill during normal working hours or during overtime hours.

Work-related injuries refer to injuries caused by external adverse factors and occupational diseases suffered by workers when they are engaged in occupational activities or work-related activities. "During working hours and at work, death from sudden illness or death within 48 hours after rescue efforts failed to be treated as work-related injuries. The term "sudden illness" here includes all kinds of diseases.

If an employee suddenly suffers from a cerebral hemorrhage while resting in the dormitory, this is not a sudden illness during working hours and at work, and cannot be treated as a work-related injury according to regulations, so it cannot be recognized as a work-related injury. First of all, it is necessary to work at the place of work, working hours, and secondly, it is necessary to have an accident, if it is in line with the place of work and working hours, the sudden illness can only be regarded as a work-related injury if it dies within 48 hours. ”

Calculation of wages for employees who do not go to work due to work-related injuries: the original wages and benefits remain unchanged and are paid by the employer on a monthly basis. According to the relevant provisions, if an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the unit to which he or she belongs on a monthly basis.

It is not counted as a work-related injury only if there is a sudden illness during working hours and at work, and resting in the dormitory of the workplace is not considered a work-related injury.

What is the work-related injury identification process?

1. The employer or the employee and his or her close relatives submit an application to the social insurance administrative department for recognition of work-related injury;

2. The social insurance administrative department accepts the application for recognition of work-related injury;

3. Conduct investigation and verification;

4. Make a decision on the determination of work-related injury.

Legal basisRegulations 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, etc.

Summary. Hello, legal analysis: Resting in a company dormitory leads to death so is there a work injury:

It is not considered a work-related injury. Generally speaking, when an employee is in the dormitory, he or she is already off work and during the rest time, and the dormitory is only a place for the employee to live in the dormitory, which does not mean that the employee is working in the dormitory. According to the relevant national regulations, if the employee falls ill during normal working hours or overtime hours, then the work-related injury compensation or work-related death compensation can be paid.

The death of an employee in the company's dormitory does not meet the conditions for being recognized as a work-related injury, and cannot be regarded as a work-related injury, and should be treated as a death due to illness. Generally speaking, death while sleeping in the dormitory of the unit is not considered a work-related injury. In China's provisions on the protection of workers' rights and interests, employers need to bear relevant responsibilities for work-related injuries of employees, and need to compensate employees for death to a certain extent, and the specific compensation shall be judged according to national laws and regulations.

Hello, legal analysis: resting in a company dormitory leads to death so is it a work injury: it is not considered a work injury.

Generally speaking, when an employee is in the dormitory, he or she is already off work and during the rest time, and the dormitory is only a place for the employee to live in the employer, which does not mean that the employee works in the Sun Chun dormitory. According to the relevant national regulations of Linghuai, if an employee becomes ill during normal working hours or overtime hours, then work-related injury compensation or work-related death compensation can be paid. The death of an employee in the company's dormitory does not meet the conditions for being recognized as a work-related injury, and cannot be regarded as a work-related injury, and should be treated as a death due to illness.

Generally speaking, death while sleeping in the dormitory of the unit is not considered a work-related injury. In China's regulations on the protection of workers' rights and interests, employers need to bear relevant responsibilities for work-related injuries of employees, and need to compensate employees for death to a certain extent, and the specific compensation shall be judged according to national laws and regulations.

Legal basis: Article 14 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) Injured in an accident due to work-related reasons during working hours and in the workplace; 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) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; (6) Being injured in a traffic accident or an accident involving urban rail transit, passenger ferries, or trains for which they are not primarily responsible; (7) Other circumstances in which laws and administrative regulations provide for respect and shall be recognized as work-related injuries.