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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) 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;
According to the law, if it is not due to sudden cerebral hemorrhage due to work, there is no sudden illness and death or death within 48 hours after rescue fails; It is not a work-related injury. It is possible to claim compensation for losses caused by not having health insurance.
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Hello, I ask for compensation from the employer according to the work-related injury. This includes funeral expenses, dependent family pensions and a one-time work-related death grant.
Among them, the work-related death compensation is based on the wages of the worker. The dependent family pension is based on the local income level.
Note: If you want to change the amount of compensation recently, it is recommended to consult your local lawyer to calculate the amount.
Be sure to note that there may be a difference in the change!!
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Submit requirements according to work-related injury standards.
The reasons are as follows: 1. Failure to sign a labor contract is a violation of the law by the company. This does not reduce the right to labor security to which the worker is entitled.
2. Keep relevant evidence. Fight a lawsuit for standby. One is evidence of work at work, and the other is evidence of sudden illness at work.
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The company will compensate employees for sudden cerebral hemorrhage during work according to work-related injury benefits. If a sudden illness at work is not rescued within 48 hours, even if it is a work-related injury, the company must compensate according to the work-related death. If an employee has any of the following circumstances, it will be regarded as a work-related injury:
1. Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts: 2. Injury in emergency rescue and disaster relief activities to safeguard national interests and public interests; 3. Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the revolutionary disabled military certificate, and were injured after arriving at the employer**Relevant laws and regulations: Article 15 of the Regulations of the People's Republic of China on Work-related Injury Insurance If an employee has one of the following circumstances, it shall be regarded as a work-related injury:
1) Died of a sudden illness during working hours or at work, or died within 48 hours of being rescued, (2) Suffered harm in emergency rescue and disaster relief or other activities to preserve the national interest or 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. Employees have the circumstances in items (1) or (2) of the preceding paragraph. In accordance with the relevant provisions of these Regulations, enjoy work-related injury insurance benefits:
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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Legal analysis: If a migrant worker dies of a sudden cerebral hemorrhage due to injury, it is a work-related injury, and the employer needs to compensate for medical expenses, hospitalization expenses, lost work expenses and other expenses; Sudden cerebral hemorrhage due to one's own reasons is not a work-related injury, and the expenses shall be borne by oneself.
Legal basis: Regulations on Work-related Injury Insurance
Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**.
The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the 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 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.
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Cerebral hemorrhage is generally caused by diseases such as high blood pressure, whether it is working hours or not, if it is recovered from the work, it is not considered a work-related injury. For details, see: Article 15 of the Regulations on Work-related Injury Insurance: If an employee 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;
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Strictly speaking, it is not a work-related injury, and it is very difficult to claim compensation, and it is necessary to initiate labor arbitration to confirm the relationship between the key shed and the labor union. Medical treatment means that within the scope of medical insurance, the employer will bear the relevant expenses.
The compensation standard for illegal employment shall be carried out in accordance with the provisions of the Measures for One-time Compensation for the Personnel of Illegal Employment Units.
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