Is death on the way to work considered a work related injury in the 2014 Regulations on the Manageme

Where a person is injured or dies in a traffic accident or an accident involving urban rail transit, passenger ferry, or train on the way to work for which he or she is not primarily responsible, it shall be found to be a work-related injury, and other circumstances cannot be found to be a work-related injury.

According to Article 14 (6) of the Regulations on Work-related Injury Insurance, if an employee is injured or dies in a traffic accident or an urban rail transit, passenger ferry, or train accident at a reasonable time and on a reasonable route on the way to work, it shall be deemed to be a work-related injury if the employee is not primarily responsible for the work-related injury. In other circumstances, it cannot be recognized as a work-related injury.

Unfortunately, according to the latest "Regulations on Work-related Injury Insurance", death from sudden myocardial infarction on the way to work is not a work-related injury.

1. According to the sixth paragraph of Article 14 of the Regulations on Work-related Injury Insurance:

Injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work. It should be recognized as a work-related injury, and your sister-in-law's death was not caused by a traffic accident, but due to illness, so it cannot be recognized as a work-related injury.

2. Under what circumstances does death due to illness constitute a work-related injury?

According to the first paragraph of 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.

In strict accordance with the above regulations, your sister-in-law does not constitute a work-related injury.

3. In accordance with the relevant regulations, the employer must provide a working environment that meets the requirements. If your sister-in-law's death is related to her work environment, and there is a causal relationship, such as continuous overtime, high environmental noise, and high work intensity, you can further determine what the proportion of participation between the work environment and the death occurred. Of course, your sister-in-law's own physical illness is one of the causes of death after all, and after clarifying the causal relationship and participation, you can require the employer to bear the corresponding liability for compensation within the scope of her fault.

Legal Analysis: Death at work is considered a work-related injury. Work-related injuries are also known as "work-related injuries" and "work-related injuries".

Employees are injured in production or work. According to the provisions of the state, those who are injured while performing routine work and work temporarily designated or agreed by the enterprise administration, engaging in work that is not designated by the enterprise administration but are beneficial to the enterprise in an emergency, and engaging in invention or technological improvement work are all work-related injuries. Work-related injury compensation standards, also known as work-related injury insurance treatment standards.

Legal basis: 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:

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.

Legal analysis: If a person dies of sudden illness during working hours, it shall be regarded as a work-related injury, and the family of the deceased may request funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies in accordance with the provisions of relevant laws. If an employee dies on the job, his close relatives shall receive funeral allowances, pensions for dependent relatives and one-time stuffy fluids and work-related death subsidies from work-related injury insurance** in accordance with the following provisions.

Legal basis: Regulations on Work-related Injury Insurance Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) During working hours and at work, he or she dies of a sudden illness or dies within 48 hours after being rescued, 2) he or she is injured in activities to safeguard national interests and public interests, such as emergency rescue and disaster relief, and 3) an employee who previously served in the army, was disabled due to injuries sustained in war or in the line of duty, and has obtained a certificate of revolutionary disabled serviceman, and is injured after arriving at the employer.

Where an employee has any of the circumstances in items (1) or (2) of the preceding paragraph, and is entitled to work-related injury insurance benefits in accordance with the relevant provisions of these Regulations, and where the employee has any of the circumstances in item (3) of the preceding paragraph, he or she shall be entitled to work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

1. According to Articles 14 and 15 of the Regulations on Work-related Injury Insurance, work-related injuries refer to injuries suffered due to work-related reasons during working hours and in the workplace, during work-related trips or on the way to and from work. If the worker dies of sudden illness while at work or within 48 hours after rescue fails, it can be deemed to be a work-related death or deemed to be a work-related death, and the worker or his close relatives can obtain work-related death benefits.

2. Death after work does not fall under the circumstances stipulated in the Regulations on Work-related Injury Insurance, so it does not fall within the scope of work-related death.

3. Article 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found 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) During the period of going out for work, they are injured by the accident due to work reasons or their whereabouts are unknown;

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.

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 a disabled military certificate, and are 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.

If the determination of the relevant circumstances is unclear, or if there is an error in the application of law in the determination of the result of the determination of the work-related injury, it may apply to the labor arbitration department for labor arbitration. If there is anything you can't understand about this article, you can find a lawyer for consultation and guidance through Hualu.com, and they can tell you the answer directly.

If the death of a suspect is caused by a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible, it can be found to be a work-related injury. ”

1. Within a reasonable time on the way to and from work;

2. On the reasonable way to and from work;

3. The fact that personal injury was caused by a collision caused by a motor vehicle accident;

4. Suicide or self-harm that is not caused by the victim's own drunkenness, crime or imitation of violation of public security management.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance If a person is injured in a traffic accident for which he or she is not primarily responsible while commuting to or from work, it shall be deemed to be a work-related injury. From the perspective of division of responsibility, this provision only excludes the circumstances that the victim who bears the main responsibility and full responsibility in the traffic accident can enjoy, but does not exclude the right of the injured employee to claim the right to enjoy work-related injury insurance benefits when the accident liability cannot be determined.

If one of the conditions specified in Article 10 and Article 15 of the Regulations on Work-related Injury Insurance and High Risk is met, and the circumstances specified in Article 16 are not met, the applicant may apply for a work-related injury determination. If it is determined that it is a work-related injury, the work-related injury treatment shall be claimed in accordance with the law.

Belong. Legal Analysis: The death of an employee on the way after work falls under the category of work-related injuries.

If you say it's work-related, of course you can apply for work-related injuries.