Is it a work injury for a coal miner to jump to his death?

If an employee accidentally falls into a well and dies in the course of normal work, it is a work-related death, and if there is a suicide, it cannot be recognized as a work-related injury.

In accordance with the 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 injuries sustained in war or in the line of duty, and have obtained a revolutionary disabled veteran certificate, but are 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 fall under the circumstances mentioned in item (3) of the preceding paragraph shall, in accordance with the relevant provisions of these Regulations, enjoy work-related injury insurance benefits other than a one-time disability subsidy.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Coal miners jumping to their own death by jumping into a shaft are suicides and cannot be recognized as work-related injuries.

Paragraph 3 of Article 16 of Chapter 3 of the Regulations on Work-related Injury Insurance stipulates that self-harm or suicide. It shall not be recognized as a work-related injury or treated as a work-related injury.

If it is considered a work-related injury, if the employee is injured in the workplace and has any of the following circumstances, it shall be found to be a work-related injury:

1. Injured in an accident during work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties.

During working hours and at work, if a person dies of sudden illness or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury.

1. What is the application process for work-related injuries?

1. The subject of the application for work-related injury determination.

1) Employer's application for work-related injury recognition: When 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 Control of Occupational Diseases, the employer shall apply for work-related injury recognition in accordance with the law, which is its legal obligation.

2) The injured employee or his immediate family members or trade union organizations may apply for work-related injury recognition in accordance with the law if the employer fails to submit an application for work-related injury recognition within the prescribed time limit. Accordingly, such an application must meet a precondition, that is, the employer has not submitted an application for work-related injury recognition within the prescribed time limit.

As soon as a non-employee is injured in an accident or is diagnosed or appraised as an occupational disease, the injured employee, his or her immediate family members, or trade union organizations can directly apply for work-related injury recognition.

In this case, a direct application for a work-related injury determination is a civil right, not an obligation, for the injured employee or his immediate family members. At the same time, the law authorizes trade union organizations to also enjoy the right to apply for work-related injury recognition, so as to safeguard the legitimate rights and interests of injured employees.

2. Jurisdiction over work-related injury determination.

1) Social insurance administrative department. Specifically, an application for recognition of work-related injuries shall be submitted to the social insurance administrative department of the coordinating region.

2) If an application for recognition of work-related injury should be submitted to the provincial social insurance administrative department in accordance with the regulations, it shall be submitted to the social insurance administrative department of the city divided into districts where the employer is located in accordance with the principle of territoriality.

3. Time limit for determining the application.

1) Time limit for the employer to apply for recognition of work-related injury: 30 days, calculated from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

As for what constitutes "special circumstances" and what constitutes "appropriate extension", it is up to the social insurance administrative department to determine and decide at its discretion. If the employer fails to apply for a work-related injury determination during the above-mentioned period, the injured employee, his or her immediate family members, or trade union organizations may directly apply for a work-related injury determination.

2) The time limit for the injured employee or his immediate family members or trade union organizations to apply for work-related injury recognition: 1 year, calculated from the date of occurrence of the accident injury or the date of diagnosis and appraisal of the occupational disease. This period is the exclusion period.

A sudden acute cerebral infarction at work is not necessarily considered a work-related injury unless there is evidence that it was caused by work.

Article 14 of the Regulations on Loose Injury Insurance of Workers and Beams.

In any of the following circumstances, it shall be found to be a work-related injury:

1) Injured in an accident during working hours and in the workplace due to work fatigue;

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 accident or an accident involving urban rail transit, passenger ferry, or train that is not the primary responsibility of the Oak Tung Clan;

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

According to Article 15 of the Regulations on Work-related Injury Insurance, such a situation may be regarded as a work-related injury, but if there are any circumstances under Article 16, it is not a work-related injury. Article 15 An employee who falls under any of the following circumstances shall be regarded as a work-related injury: (1) Death of a sudden illness during working hours and at work, or death within 48 hours of the year after rescue efforts failed; Article 16 Employees who meet the requirements of Articles 14 and 15 of these Regulations, but have any of the following circumstances, shall not be recognized as work-related injuries or treated as work-related injuries:

1) Intentionally committing a crime; 2) Drunk or drug addiction; 3) Self-harm or suicide.

Hello, dear, the one-time work-related death allowance is as follows: Standard: 20 times the per capita disposable income of urban residents in the previous year. Requirements: Section.

1. The immediate family members of disabled employees who die due to work-related injuries during the period of suspension of work and salary shall enjoy funeral subsidies, pensions for dependent relatives, and one-time work-related death subsidies; Clause.

2. Immediate family members of disabled employees of the first to fourth grades who die after the expiration of the period of suspension of work and the suspension of wages may enjoy the benefits of funeral subsidies and pensions for dependent relatives. Legal basis: Article 39 of the Regulations on Work-related Injury Insurance.

The compensation standards in 2022 are as follows: 1. Funeral subsidy standard: 6 months of the average monthly salary of employees in the overall area in the previous year.

2. Pension for dependent relatives shall be paid to the relatives who are unable to work and provide the main livelihood of the deceased employee according to a certain proportion of the employee's own salary. 40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly 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.

One-time pension for dependent relatives: if the dependent relatives of the employee who died on the job are under the age of 18, it will be calculated to the age of 18; For other dependent relatives who are over 55 years old, the age will be reduced by 1 year for each additional year, and for those over 70 years old, it will be counted as 5 years. Remarks:

If an employee does not participate in work-related injury insurance at the time of work-related death and his or her dependent relatives are not included in the overall management of work-related injury insurance, his or her dependent relatives may receive a monthly pension for dependent relatives or may request a one-time pension for dependent relatives. (1) Scope of dependent relatives Spouses, children, parents, grandparents, grandchildren, grandchildren, siblings of employees. Children, including legitimate children, illegitimate children, adopted children and dependent stepchildren, of which legitimate children and illegitimate children include surviving children; Parents, including biological parents, adoptive parents, and step-parents in a dependent relationship; Siblings, including siblings of the same parents, half-siblings, adoptive siblings, and step-siblings in a dependent relationship.

2) The conditions for applying for a pension for dependent relatives rely on the main living expenses provided by the employee who died on the job, and there are any of the following circumstances: (1) completely incapacitated to work; (2) The spouse of the deceased employee is at least 6o years old for men and 55 years old for women; (3) The parents of the deceased employee are at least 60 years old for males and 55 years old for females; (4) The children of the deceased employee are under the age of 18; (5) The parents of the deceased employee are deceased, and his grandfather or maternal grandfather is at least 60 years old, and his grandmother or maternal grandmother is at least 55 years old; (6) The children of the deceased employee have died or have completely lost the ability to work, and their grandchildren or grandchildren are under the age of 18; (7) The parents of the deceased employee have died or have completely lost the ability to work, and their siblings are under the age of 18.

The killing of a coal miner underground is undoubtedly a work-related fatality.

The family of the victim may request the employer to declare the work-related death in accordance with the law, and then compensate in accordance with the provisions of the work-related injury insurance.

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.

If it's not serious, the company just needs to deal with the loss points. If it is serious, it is recommended that you find a lawyer to do the math.