Can overtime work to sudden death count as a work related injury, and can overtime sudden death coun

Whether sudden death from overtime work is 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.

Reading guide:The amount of compensation for overtime sudden death of the company shall be compensated by law,Generally including funeral subsidies、Pension for dependent relatives and one-time work-related death allowance and other compensation scope。 If there is a causal relationship between an employee's death and overtime, or the occurrence of the death result due to overtime, it can be recognized as a work-related injury.

How much does the company compensate for sudden overtime death, and is overtime sudden death considered a work injury.

1. How much does the company compensate for sudden overtime death?

How much the company compensates for sudden overtime death should be compensated in accordance with the standards prescribed by law, funeral allowances, pensions for dependent relatives and one-time work-related death subsidies

1.The funeral subsidy shall be paid according to the average monthly salary of employees in the overall area for 6 months in the previous year;

2.The pension for dependent relatives shall be paid to the relatives who provided the main livelihood and were unable to work according to a certain proportion of the employee's own salary;

3.The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

2. Is sudden death from overtime considered a work-related injury?

If there is a causal relationship between the death and overtime, the work-related injury can be recognized, otherwise the work-related injury may not be recognized.

If the employer does not admit that it is a work-related injury, you can apply for work-related injury recognition to the labor and social security department of the co-ordinating area where the employer is located within one year from the date of the accident.

If it is determined that it is a work-related injury, you can claim a funeral allowance, a pension for dependent relatives, and a one-time work-related death allowance from the employer. Find a legal network to remind you that the specific accounting standard is calculated based on the average monthly salary of employees in the overall area in the previous year.

3. How to deal with the sudden death of the labor relationship.

After the establishment of the labor relationship, if the labor service personnel dies suddenly in the course of work, if the cause of sudden death is related to work, the employing unit shall bear the liability for compensation, such as compensation for funeral expenses and death compensation.

According to Article 1192 of the Civil Code, if a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence. If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties.

During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

Legal analysisIf the employer arranges for the employee to work overtime or work at night after the employee gets off 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. Because the employee is in a state of rest at this time, or it is called non-productive working time in a state of standby, this situation also belongs to the concept of working time. The staff of the social insurance administrative department may conduct the following investigation and verification work in the determination of work-related injuries:

1. According to the needs of the work, enter the relevant units and the scene of the accident. 2. Consult materials related to the determination of work-related injuries in accordance with law, question relevant personnel, and make investigation records. 3. Recording, recording, videotaping, and reproduction of materials related to the determination of work-related injuries.

The collection of evidence for investigation and verification work shall be carried out with reference to the relevant rules and regulations for the collection of evidence in administrative litigation.

Legal basisRegulations on Work-related Injury Insurance Article 15 An employee who has any of the following circumstances shall be deemed to have suffered from work-related injuries and has been injured: (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 the national interest or the 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. 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.