The death of a disabled person who has retired from work is not considered a work related injury

Under normal circumstances, if an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury in accordance with Article 15 of the Regulations on Work-related Injury Insurance. Disabled persons who have retired from internal employment also have an employment relationship with the service unit, so they should be considered as work-related injuries.

As long as it is caused by work, it should be considered a work-related injury. Please refer to the following laws and regulations for details.

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.

According to Article 15 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) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

If you die during working hours in the workplace, you will be treated as a work-related injury.

Zongheng Legal Network Guizhu lawyer.

1) Refer to the standards and calculation and payment methods for the death of staff and retirees of public institutions managed by the Civil Servants Law, and implement the provisions of the Notice of the Ministry of Civil Affairs, the Ministry of Personnel and the Ministry of Finance on the Measures for the Payment of One-time Death Pensions for Employees of State Organs and Retirees (Min [2007] No. 64). (2) In accordance with the provisions of the Notice of the Ministry of Labor and Social Security, the Ministry of Personnel, the Ministry of Civil Affairs, and the Ministry of Finance on Issues Concerning Work-related Injuries of Employees of Non-Governmental Non-Profit Organizations in Public Institutions (Lao She Bu Fa [2005] No. 36), if the staff of public institutions participating in the overall regional work-related injury insurance dies in the line of duty, the standard of one-time work-related death subsidy shall be implemented in accordance with the local work-related injury insurance regulations. (3) If the staff and retirees of the institutions that have participated in the basic pension insurance for employees of the enterprise die of illness, the one-time bereavement pension shall still be implemented in accordance with local regulations.

4) In addition to the above-mentioned circumstances, the standard of one-time bereavement pension for the death of staff members and retirees of public institutions shall be adjusted as follows: the basic salary or basic retirement allowance for the first 40 months of the person's life shall be the basic salary or basic retirement allowance for the first 40 months of his life if he dies in the line of duty, and the basic salary or basic retirement allowance for the first 20 months of his life shall be the basic salary or basic retirement allowance for the first 20 months of his life if he dies of illness. The bereavement benefits of martyrs shall be implemented in accordance with the relevant provisions of the State.

The funds required for the issuance of one-time death pensions for the staff of public institutions and retirees shall be settled through the original channels. 1. A one-time pension for work-related death, 20 months' basic salary; 2. A one-time pension for death due to illness, 10 months' basic salary; 3. Funeral expenses standard: 4,000 yuan due to illness; 5,000 yuan for work (public); 4. The standard of subsidy for the surviving family's living difficulties:

The monthly subsidy for non-rural households is 210 yuan; The monthly subsidy for more than two people is 190 yuan; 170 per person per month for agricultural hukou; RMB 150 per person per month for more than two people.

Article 14 of the Regulations of the People's Republic of China on Labor Insurance: Provisions on the treatment of workers and employees and their dependent immediate family members in the event of death: when workers and employees die due to illness or non-work-related injuries, funeral subsidies shall be paid under labor insurance**; The amount is two months' average wages of all workers and employees of the enterprise; In addition, under the labor insurance**, according to the number of the immediate family members supported by the deceased, the amount of which is the salary of the deceased himself for six months to twelve months.

The detailed measures are stipulated in the implementation rules.

If the cause of death is not an intentional crime; drunk or addicted to drugs; Self-harm or suicide is a work-related injury. According to the relevant laws and regulations, if an employee has any of the following circumstances, it shall be deemed to be a work-related injury: (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) 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 for which they are not primarily responsible, or by an accident involving a city or a railroad, passenger ferry, or train; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; (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. If an employee has any of the circumstances in items (1) or (2) of the preceding paragraph, Yu Huai 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.

Legal basis: Articles 14 to 16 of the Regulations on Work-related Injury Insurance.

It is not a work-related injury. The relationship between the retired employee and the employer is an employment relationship rather than an employment relationship, so if he is injured on the way to and from work, the work-related injury cannot be recognized in accordance with the provisions of the Regulations on Work-related Injury Insurance.

According to the above provisions, if the employee has reached the retirement age, an employment relationship shall be established between the employer and the employee. Therefore, if the employee is involved in a car accident on the way to and from work, he is not entitled to work-related injury insurance benefits. If it is necessary to pursue the responsibility of the enterprise, it should be determined according to whether the enterprise is at fault and the degree of fault, depending on the circumstances.

Therefore, if an enterprise rehires a person who has reached retirement age (including those who have already worked in your company or is hired externally for the first time), it should sign an employment contract with him, and the enterprise (employer) can terminate or terminate the employment contract in accordance with the employment contract, and is not subject to the adjustment of labor laws. Enterprises are not required to provide such employees with benefits in accordance with the labor law (such as no need to purchase social insurance, no medical treatment, no need to pay economic compensation, etc.).

1. What is the compensation procedure for work-related accidents?

1. Knowing the occurrence of work-related accident damages: The employer shall report to the social insurance administrative department within 24 hours after the accident occurs (postponed accordingly on holidays and Sundays); Those who are sensitive to injuries should go to the designated hospital for work-related injury insurance;

2. Submit an application for work recognition: If an employee is injured in an accident or is diagnosed or identified 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 submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the 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;

3. Start the procedures for work-related injury identification and labor ability appraisal;

4. Enjoy work-related injury insurance benefits;

The employer shall provide the following materials for reimbursement of medical expenses for work-related injuries at the handling agency:

1) Notice of work-related injury identification and diagnosis certificate.

2) A copy of the injured person's ID card.

3) Copies of outpatient medical records, invoices, prescriptions, and related examination and laboratory documents.

4) Copy of inpatient medical record, hospitalization certificate and discharge certificate.

5) List of discharge expenses, daily list, and invoice of hospitalization charges.

Summary. Hello, laid-off workers with work-related injuries and disabilities are not allowed to apply for early retirement. If the work-related injury reaches the first to fourth grade disability, the labor relationship shall be retained, the job shall be withdrawn, and the disability allowance shall be enjoyed month by month, and the retirement shall be handled in accordance with the relevant provisions after reaching the retirement age.

Hello, laid-off workers with work-related injuries and disabilities are not allowed to apply for early retirement. If the work-related injury reaches the first to fourth grade disability, the filial piety relationship of the Labor and Welfare Bureau shall be retained, the employee shall withdraw from the job, and enjoy the disability allowance month by month, and shall retire in accordance with the relevant regulations after reaching the retirement age.

Hello, after reaching the retirement age and going through the retirement procedures, the work-related injury basic employees will stop paying the injury and disability allowance and enjoy the basic old-age insurance treatment. If the basic pension insurance treatment is lower than the disability allowance, the difference shall be made up by the work-related injury insurance**.

Pursuant to Article 29 of the Labor Law, an employer shall not terminate a labor contract in accordance with Articles 26 and 27 of this Law if a worker falls under any of the following circumstances: (1) the employee suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost the ability to work; (2) Sick or injured, and making trouble within the prescribed period of medical treatment; (3) Hail female employees who are pregnant, giving birth, or breastfeeding; (4) Other circumstances provided for by laws and administrative regulations.

After being laid off, he did not receive a disability Beijing poster. Should look for that department.

Hello, If you choose to pay in a lump sum, then the general big chop is to apply to the social security institution for compensation within one year after the work-related injury identification. If you choose to pay in installments on a monthly basis, it is a monthly payment by the social insurance agency, and there is no work-related injury in those days. Can I make it up?

Hello, you can mention it, but it is not necessarily whether it can be restored. In addition, the time limit for applying for a work-related injury determination is one year, and the statute of limitations has expired, so the two parties can negotiate, but if they go through the litigation process, it is unlikely to be supported.