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If an employee dies of sudden illness or dies within 48 hours of a business trip, it shall be regarded as a work-related injury, and the employee's business trip is a special job, the purpose of which is to complete the work tasks assigned by the employer, and all the time from leaving the house to returning home cannot be freely disposed of, and shall be at the disposal of the employer, which shall belong to the working hours, and the places through which it passes shall belong to the workplace, which belongs to the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance The sudden death of an employee during the absence of an employee or the death within 48 hours after rescue is ineffective is regarded as a work-related injury, and the death of an employee who is on a business trip for the purpose of work, even if he is not directly engaged in work, is deemed to be a work-related injury at this time.
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I think this should be considered a work injury because he was on a business trip. I think it was found out a few days later, and if it was a business trip, the death should be done by industry and commerce.
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Hello, if you are not sure about the time of death, you can confirm the specific time of death through a forensic autopsy. Finally, it will be determined whether the time of death was during the business trip, and if so, it can be determined as a work-related injury. Hope it helps.
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Of course he can, because he's on a business trip. For example, if you don't come back from a business trip for a few days, then the company should have the responsibility to investigate.
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Yes, business trips belong to working hours, and accidents are of course considered business and business.
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If it occurs during a business trip, it will be a work-related injury.
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If the death occurred while on a business trip, it can be recognized as a work-related injury.
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Legal analysis: If an employee dies within 48 hours of rescue during a business trip, it is a work-related injury. According to the regulations, if an on-the-job slag worker is injured in an accident during working hours and in the workplace due to work reasons, it can be recognized as a work-related injury.
During working hours and at work, death from sudden illness or death within 48 hours after rescue efforts failed to work can be regarded as work-related injuries. The legislative purpose of work-related injury insurance is to ensure that employees who are injured in accidents or suffer from occupational lead diseases due to work receive medical treatment and economic compensation.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (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) 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) He or she dies of a 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 the national interest or the public interest; (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. 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.
Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, he or she must not recognize and quietly identify it as a work-related injury or treat it as a work-related injury: (1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide.
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Legal analysis: business trip is a special job, the purpose is to complete the work tasks assigned by the unit, from the time the business traveler steps out of the house to return home, all the time during this period can not be freely used, but is actually at the disposal of the unit, so the "business trip period" can be identified as a special situation in "working hours and work positions".
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
(4) Suffering from an occupational disease;
(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;
(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) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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1. Is the death of an employee during a business trip a work-related injury?
1. The death of an employee during a business trip is a work-related injury. When traveling on a business trip, if you suddenly die of illness during working hours and at work, you can be recognized as a work-related injury, but if you suddenly die of illness at night in a hotel, inn, or during non-working hours, you cannot be recognized as a work-related injury.
2. Article 14 of the 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
(4) Suffering from an occupational disease;
(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;
(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) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
2. How to conduct work-related injury identification.
1. Employees who are disabled due to work-related injuries should bring their materials to the local social security agency to apply for disability rating after the end of medical treatment;
2. The appraiser shall bring the diagnosis certificate of injury, illness and disability issued by the medical institution, such as: medical records, discharge certificates, CT films, laboratory test sheets, electrocardiograms and other relevant diagnostic materials and the "Employee Injury, Sickness and Disability Labor Appraisal Yushan Approval Form" every week.
One, two, three, and five to do the identification;
3. After the appraisal office confirms the materials carried by the appraiser by the experts, it shall pay an appraisal fee of 200 yuan. If the materials are incomplete, we will make a diagnosis and then identify them;
4. The appraisal office shall hold an appraisal meeting regularly every Thursday to make grades or conclusions and announce them;
5. 15 days after the date of receipt and registration of the materials in the appraisal material town, the labor and management personnel of the unit will come to collect the appraisal results and all the materials received.
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The death of an employee while on a business trip is not necessarily a work-related injury. Death caused by work-related reasons during a business trip can be recognized as a work-related injury, or if a person dies within 48 hours of a sudden illness during working hours and is not rescued effectively, it can be regarded as a work-related injury. If it is determined to be a work-related injury, compensation may be claimed.
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 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) Missing the old man due to work and being injured due to work reasons or missing in an accident; (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) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Self-driving car reimbursement standard.
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With regard to the non-work-related treatment of employees, Article 14 of the Labor Insurance Regulations stipulates that when a worker or employee dies due to illness or non-work-related injury, the funeral subsidy shall be paid under the labor insurance, the amount of which is the average salary of all workers and employees of the enterprise for 2 months; In addition, under the labor insurance**, according to the number of the immediate family members they support, the relief fee for supporting the immediate family members shall be paid, the amount of which is 6 months to 12 months' wages of the deceased, and the detailed measures are stipulated in the "Implementation Rules". Article 23 of the Draft Amendment to the Detailed Rules for the Implementation of the Labor Insurance Regulations stipulates that when a worker or employee dies due to illness or non-work-related injury, dies after retirement or dies after retirement due to complete loss of labor force due to non-work-related disability, in accordance with the provisions of Article 14 of the Labor Insurance Regulations, in addition to the average salary paid to the enterprise under labor insurance for 2 months as funeral subsidy, the relief fee for supporting immediate family members shall be paid by labor insurance ** in accordance with the following provisions: if he or she supports one immediate family member, 6 months' salary for the deceased; for 2 people, 9 months' salary for the deceased; If there are 3 or more persons, the salary of the deceased is 12 months.
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