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Teachers take online classes at home, and sudden death from fatigue is considered a work-related injury, and there is a labor law.
Basis. <>
1.Due to the impact of the pandemic, a large number of students were unable to return to school on time for face-to-face teaching. Therefore, according to the relevant spirit of the Ministry of Education, teachers need to work from home and be prepared to use the Internet for ** teaching.
2.Most of the causes of sudden death are related to overwork, especially after a long period of work, when a teacher dies suddenly during working hours and at work or within 48 hours, which is a work-related injury. The identification of work-related injuries is an act of administrative confirmation, an accident (or occupational disease) authorized by the labor administrative department in accordance with the law.
Whether it is a work-related injury or is recognized as a work-related injury. The process of determining the subject of infringement and the qualitative act of a worker in the course of work or being identified as a personal tort caused by improper operation or other reasons in the course of work. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department.
As for working from home, they can't work at school, because of the pandemic, taking classes from home has also completed the work assigned to them by the school. The cause of sudden death should be a sudden illness, such as heart disease, intracerebral hemorrhage, or myocardial infarction.
etc., and be sent directly from work (home) to the hospital. Teachers who qualify for work-related injuries should be treated as work-related injuries. His immediate family.
Funeral allowance, one-time work-related death allowance, and relative pension should be enjoyed.
Wait. <>
4.If an accident is injured due to work-related reasons, it can be counted as a work-related injury. The man died suddenly after two hours on the job.
Because his address is at work and he is also at work hours, this person can be recognized as a work-related injury. Where the close relatives of a disabled employee or a deceased employee as provided for in the preceding paragraph have a dispute with the unit, the labor dispute shall be handled in accordance with the law.
of the relevant provisions.
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Teachers are taking online classes at home, and sudden death from fatigue is considered a work injury. Because teachers are also at work in online classes at home, although they do not teach students at school, they are also during work, so they are considered work-related injuries.
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It was a work-related injury, although it was online classes at home, but it was also to teach the children, and it was also an accident at work.
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I think this situation is also a work-related injury; Because according to China's work-related injury insurance regulations, as long as it is during working hours or at work, if a sudden illness occurs, the death after rescue is ineffective can be regarded as a work-related injury.
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It must be counted, as long as it is during normal working hours, the damage caused by the job can be counted. Let's talk about two cases!
1) Taking online classes during normal working hours, which is to complete one's own job and fall on the job, is counted as a work-related injury according to the work-related injury insurance regulations.
2) Online classes during off-duty hours are actually counted as work-related injuries, because online classes are also for the benefit of the school during off-duty hours, and according to the provisions of Article 1 of Work-related Injury Insurance, the purpose of formulating and implementing the regulations is to provide medical treatment and economic compensation to "employees who are injured by accidents or suffer from occupational diseases due to work". Therefore, in this case, it mainly depends on whether the laborer's labor is to protect the interests of the employer, and if it is to protect the interests of the employer, it can be counted as a work-related injury.
The second type of dispute is actually relatively large, and there has been a similar case in the past, where the plaintiff and the defendant dragged for a long time, and finally after the Supreme People's Court's final decision, this situation was also regarded as a work-related injury.
Therefore, as long as the teacher dies due to work fatigue in online classes at home, it can be counted as a work-related injury, which means that sudden death has an inevitable causal relationship with overwork, but if overwork is not due to work, but because of other things, such as housework, taking care of the elderly and children, it cannot be counted as a work-related injury.
When this kind of thing happens, the school will definitely find a way to prove that there is no causal relationship between work and sudden death, so as to escape its own responsibility, so you have to find a way to prove that the teacher has been working at home and has not done anything unrelated to work, which can only be compensated, because the incident happened at home, the causal relationship between them is difficult to define, so when asking for compensation, there is a high probability that they will go to court, and you must collect evidence in advance to support your claims and enrich your evidence chain. When encountering this kind of thing, you must protect your rights and interests in time and take up the law to protect yourself.
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Sudden death of a teacher who marks papers overnight is a work-related injury. Sudden illness death during "working hours and work" is regarded as work-related injury, and overnight marking is overtime, so this situation is a sudden illness during working hours and at work due to work-related reasons.
1. How to compensate for death caused by sudden cerebral hemorrhage after long-term work.
Sudden illness and death at work during working hours shall be regarded as a work-related injury. According to the Regulations on Work-related Injury Insurance, a person who dies of sudden illness or dies within 48 hours after rescue is ineffective during working hours and at work is regarded as a work-related injury. The term 'sudden illness' here includes all kinds of illnesses.
The starting time of 48 hours is based on the time of initial diagnosis by a medical institution.
2. Is the unit responsible for the sudden illness of the employee during work?
If a worker's sudden illness during working hours and at work is an occupational disease, it shall be deemed to be a work-related injury; In the event of death from a sudden illness, it shall be regarded as a work-related injury, and the employer shall be liable. If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance**; If the employer fails to pay the work-related injury insurance premium, the employer shall pay all the work-related death compensation.
3. Is sudden death at work considered a work-related injury?
Sudden death at work is considered a work-related injury. During working hours and at work, if a person dies of sudden illness or dies within 48 hours of ineffective rescue, it is regarded as a work-related injury. The unit shall apply to the Labor Bridge Security Department for a work-related injury determination within 30 days from the date of occurrence of the accident injury.
If the employer fails to apply for a work-related injury determination, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the local labor and social security department for a work-related injury determination within one year from the date of the accident.
Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls 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.
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The regulations on work-related injury insurance stipulate that if an employee suddenly falls ill during working hours and in the workplace, and dies within 48 hours after being rescued, it will be treated as a work-related injury, so it depends on the time of the teacher's sudden death, and if it is a sudden death at home, it is not considered a work-related injury.
1. What materials are required to apply for work-related injury determination?
1. The Application Form for Determination of Work-related Injury filled in as required;
2. Resident ID card (copy) of the injured (deceased) employee;
3. The certificate of initial diagnosis and diagnosis issued by a medical institution when the employee is injured, or the certificate of diagnosis of occupational disease (or diagnosis and appraisal of occupational disease) issued by a medical institution that undertakes the diagnosis of occupational disease in accordance with the law, and a copy of relevant medical records;
4. Post-injury diagnosis certificate and medical record issued by a medical institution, or occupational disease diagnosis certificate, or occupational disease diagnosis and appraisal certificate;
5. If the enterprise applies for recognition of work-related injury, it shall submit the original "Work-related Accident Report" with the official seal, etc.
2. What issues should be paid attention to when applying for work-related injury determination?
1. The wage payment voucher is a record (employee payroll roster) and a record of payment of various insurance premiums;
2. Work permits, service certificates and other documents that can prove the identity issued by the employer to the employee;
3. Recruitment records such as the employer's recruitment registration form and registration form filled in by the worker;
4. Attendance records;
5. Testimony of other workers, etc.
Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls under any of the following circumstances:
1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries 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. 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 person for which he or she is not primarily responsible;
7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
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Summary. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance stipulates that 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 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. During working hours and in the workplace, due to violence and other accidental injuries 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 ferry, or train that is not the person's primary responsibility while commuting to or from work; 7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
Hello, dear. If a teacher dies suddenly at work, it can be recognized as a work-related accident, and the provisions of the work-related injury insurance regulations are that if an employee suddenly falls ill during working hours and in the workplace, and dies within 48 hours after being rescued, it will be treated as a work-related injury, so it depends on the time of the teacher's sudden death, and if it is a sudden death at home, it is not considered a work-related injury. Resistant draft.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: 1. Burning during working hours and in the workplace, and being injured in an accident 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. During working hours and in the workplace, due to the performance of work duties and the accidental injury such as violence; 4. Suffering from occupational diseases; 5. During the period when going out for work, the person who was injured or had an accident was missing; 6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work; 7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
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I think so. Teachers are also taking online classes at home to complete their work, which is actually equivalent to working in a different place, which is essentially no different from working in a company, so sudden death is also a work-related injury.
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Absolutely. Online classes are a teaching method launched by schools in response to the epidemic, which is an integral part of work, and if sudden death is of course a work-related injury.
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Sudden death from overwork is of course considered a work-related injury, because the teacher is teaching online according to the tasks assigned by the school, and the death is caused by the normal course of work.
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According to the regulations on work-related injury insurance, the death within 48 hours is regarded as a work-related injury at work, and the teacher is not at work, so Hongxu cannot be recognized as a work-related injury. If it is suspected that he died suddenly on the transportation provided by the unit, I think it is a work-related injury.
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The Regulations on Work-related Injury Insurance stipulate that Article 15 An employee who has any of the following circumstances 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;
If it can be determined that it is stupid during working hours and dies within 48 hours, it can be considered a work-related injury.
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