Is sudden death from overtime considered a work related injury?

Belong. Sudden death caused by overtime work is a work-related injury. If the employer arranges for the employee to work overtime or work at night after work, and at the same time arranges a break, if the employee dies of a sudden illness at this time, it is likely to be recognized as a work-related injury.

According to Article 14 of the Regulations on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be deemed to be a work-related injury:

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 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.

Legal analysis: If the employer arranges for the employee to work overtime or work at night after work, and at the same time arranges a break, if the employee dies of a sudden illness at this time, it is likely to be recognized as a work-related injury. This is because the employee is in a state of break, or "non-productive working hours on standby", which also falls under the concept of "working hours".

The scope of work-related injuries is the premise for the determination of work-related injuries, and is generally directly stipulated by law. The provisions of work-related injury insurance laws and international labor conventions on the scope of work-related injuries in various countries and regions mainly adopt the following legislative models: general legislative model, enumerated legislative model, and mixed legislative model.

Work-related injury insurance shall be deposited into the special financial account of social security, and shall be used for the payment of work-related injury insurance benefits, labor ability appraisal, publicity and training for work-related injury prevention as stipulated in these Regulations, as well as other expenses for work-related injury insurance as stipulated by laws and regulations.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

Is sudden death of an employee due to overtime considered a work-related injury?

The answer may be a bit harsh. Whether it counts as a work-related injury depends on whether some conditions are met.

In real life, many cases of sudden death of employees are not recognized as work-related injuries because they do not comply with the "Regulations on Work-related Injury Insurance".

According to the criteria for recognition of work-related injury insurance, only death from sudden illness or death within 48 hours after rescue efforts during working hours and at work can be recognized as work-related injuries.

This kind of work-related injury is called a work-related injury, which is mainly different from death in a work safety accident. Therefore, the determination of deemed work-related injuries is also more stringent. ”

Generally speaking, sudden death during non-working hours at home is less related to the work content arranged by the employer, and does not match the constituent elements of "work time, workplace, and work reason" required by work-related injuries, and it is difficult to identify it as a work-related injury.

In particular, if an employee dies suddenly at home, it does not comply with the Regulations on Work-related Injury Insurance, and it is difficult to identify it as a work-related injury. "If an accident is injured while engaged in work-related preparatory or finishing work, it shall be deemed to be a work-related injury. For example, traffic accidents involving commuting to and from work or traffic accidents for which the person is not primarily responsible can be regarded as work-related injuries regardless of vehicle or vessel.

In some cases in the past, even if some sudden deaths may indeed be due to high-intensity work, but they do not meet the "Regulations on Work-related Injury Insurance", and the family even files an administrative lawsuit, the original determination of non-work-related injury will still be maintained. ”

One of the reasons why sudden death of an employee is recognized as a work-related injury is that there is no necessary causal relationship between sudden death and work-related injury when the law is amended. "Sudden death is related to personal emotion, physique, psychology and other aspects, the law is the pursuit of fairness, the position of employees, the company and the relevant departments need to be taken into account, the company can even use 100 people to work overtime, 99 people did not have sudden death as a reason, deny the direct relationship between sudden death and work-related injuries. ”

Belong. Sudden death caused by overtime work is a work-related injury. If the employer arranges for the employee to work again after work, or to work at night, and at the same time arranges a break, if the employee dies of a sudden illness at this time, it is likely to be recognized as a work-related injury.

According to Article 15 of the "Work-related Injury Insurance Law", if an employee dies of sudden illness during working hours and at work, or dies within 48 hours of being rescued by Qingque, it will be regarded as a work-related injury.

Regulations on Rapid Injury Insurance of the Industrial Field

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 above-mentioned Songbi regulations, Huiyuan should be a work-related injury, please apply to the local human resources and social security department for work-related injury recognition in time, and it will not be accepted for more than 1 year.

In this case, if you die on the spot or within 48 hours of being rescued in the hospital, it is a work-related injury.