Is cerebral thrombosis death of a 56 year old female worker considered a work injury?

During working hours and at work, death from sudden illness or death within 48 hours after rescue is ineffective is considered a work-related injury!

Working hours, work location, and employee accidents, it is a work-related injury.

Of course, it counts as a work-related injury. As a production-oriented enterprise, it is inevitable that the increase in orders due to seasonal fluctuations will lead to an increase in the overall amount of labor, and the company has never forced Wen to work overtime, and "the company regularly organizes employees to undergo physical examinations, and arranges rest time during work, and also allows employees to take appropriate breaks according to their own conditions during non-rest time, and has fulfilled its labor obligations to the basic protection of employees." "According to the relevant provisions of China's Labor Contract Law, employers generally arrange overtime work of no more than one hour per day.

According to the relevant laws and regulations, during working hours and at work, a person who dies of sudden illness or dies within 48 hours after rescue efforts are ineffective may be deemed to be a work-related injury. Whether the circumstances of this case are work-related injuries depends on whether there is a sudden illness during working hours, at work, or in the workplace, and if it is not an immediate death, it also depends on whether it is a case of death within 48 hours after rescue efforts. If it is, it is a work-related injury, otherwise, it is not a sleepiness.

In addition, if there is mandatory overtime work in the workplace, there is also a certain legal responsibility for the death of the girl. Within the current legal framework, it is only possible to consider the law of tort liability. The employer seriously neglected the protection of the deceased's health, according to Article 2 of the Tort Liability Law of the People's Republic of China

Those who infringe on civil rights and interests shall bear responsibility for infringing on their rights in accordance with this Law. "Civil rights and interests" as used in this Law includes the right to life, the right to health, and ......Article 6: "The actor shall bear the tort liability of Minbo if he infringes upon the civil rights and interests of others due to his fault", it shall be determined that the employer has committed tortious acts and is subjectively at fault.

Therefore, the employer should be liable for the death of the employee who died suddenly. According to the employee's own physical condition, the proportion of responsibility is determined, and compensation is paid.

If a person dies of cerebral hemorrhage in the workplace due to work reasons during work, and dies within 48 hours after being rescued, it is a work-related injury. If it is a sudden cerebral hemorrhage caused by one's own disease, it has nothing to do with work and is not considered a work-related injury, but the specific need to go to the Social Security Bureau for identification.

Article 15 of the Regulations on Work-related Injury Insurance.

If a worker 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 work positions, or died within 48 hours of being rescued ineffectively;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Workers who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained the certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

Summary. Extended information: Sudden cerebral infarction at the construction site is not a work-related injury.

According to Article 15 (1) of the Regulations on Work-related Injury Insurance, if a worker dies of sudden illness during working hours or at work, or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury, but the worker who has been discharged from the hospital with a sudden cerebral infarction at the construction site cannot be regarded as a work-related injury regardless of whether he or she has a sudden cerebral infarction at work or not. The employer shall not be liable for compensation. Sudden cerebral infarction is a sudden illness, which should be handled according to the illness, and the medical expenses shall be handled according to the provisions of medical insurance, and the employer shall pay sick leave wages according to not less than 80% of the local minimum wage standard during the suspension period.

Article 15 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) He dies of 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 national or public interests; (3) The employee was previously serving in the army, but was disabled due to injuries sustained in war or in the line of duty, and has obtained a disabled military certificate, and was 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.

Glad to have your question, a 61-year-old worker's sudden cerebral infarction on the construction site is not a work injury.

Extended information: Sudden cerebral infarction at the construction site is not a work-related injury. According to Article 15 (1) of the Regulations on Work-related Injury Insurance, if a worker dies of a sudden illness during working hours or at work, or dies within 48 hours after being rescued, it shall be regarded as a work-related injury, but the worker has been discharged from the hospital with a sudden cerebral infarction at the construction site, regardless of whether he or she has a sudden cerebral infarction at work or not, it cannot be regarded as a work-related injury.

The employer shall not be liable for compensation. Sudden cerebral infarction is a sudden illness, which should be handled according to the illness, and the medical expenses shall be handled according to the provisions of medical insurance, and the employer shall pay sick leave wages according to not less than 80% of the local minimum wage standard during the suspension period. Article 15 of the Regulations on Work-related Injury Insurance If an employee of Bisui orange 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; 2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests; (3) The employee was previously serving in the army, but was disabled due to injuries sustained in war or in the line of duty, and has obtained a disabled military certificate, and was 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 provisions of the current law, in principle, it is not a work-related injury, and what responsibility the factory needs to bear depends on the specific situation.

1. 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:

4) Suffering from occupational diseases;

2. Article 50 of the Regulations on Work-related Injury Insurance stipulates that:

If an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue efforts fail, it shall be regarded as a work-related injury.

3. Correctly understand "work-related injury" and "deemed work-related injury".

Strictly speaking, personal injuries caused by one's own body cannot be regarded as work-related injuries, except for occupational damage caused by work-related injuries. The so-called "deemed work-related injury" refers to the situation that is not theoretically and logically a work-related injury, but through the restrictive provisions of laws and regulations, it is regarded as a work-related injury and enjoys work-related injury insurance benefits.

Even if the death is ineffective within 48 hours, it is not always a work-related injury. It is also necessary to meet the conditions of "working hours and job position" at the same time.

In summary, according to the current law, unless you can prove that there is a direct causal relationship between your father's illness and the working environment, the factory is not liable for compensation. However, from the perspective of caring for employees, the factory should pay the necessary humanitarian benefits or mobilize employees to donate. In addition, it has been reported that Xiamen City has issued relevant regulations that if a patient dies after using a ventilator to prolong his life for more than 48 hours, he will also be given work-related injury procedures.

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;

It is not a work-related injury.

Sudden illness during working hours, after rescue, death within 48 hours can be regarded as work-related injury search, which is clearly stipulated in the work-related injury insurance regulations. He died on the 5th day, more than 48 hours ago, and did not meet the conditions for the same work-related injury.

In addition, persons who have exceeded the statutory retirement age cannot be recognized as work-related injuries.