Do you think it is reasonable for a worker to die suddenly during a nap on the construction site, an

For the general contractor of the project, especially the large central and state-owned enterprises such as China Construction and China Railway, there are corresponding management systems and disposal specifications. It's not that the deceased thinks that he is justified and can make trouble as much as he wants, and he wants as much as he wants! If you mess around, you risk breaking the law and making it even more difficult to clean up something that is already sad enough.

Do you think it is reasonable for a worker to die suddenly during a nap on the construction site, and the family claims 1 million?

The worker died suddenly during a nap at the construction site, and the family claimed 1 million.

Although migrant workers belong to the construction site, they have established a normal labor relationship with the construction party, project manager, contractor, etc. at the construction site, regardless of whether they sign a labor contract or not. After the death of an employee who has established an employment relationship, the issue of compensation for death is involved, but for how to compensate, it is first necessary to figure out whether it is a work-related death or a non-work-related death. Because the difference between work-related death and non-work-related death compensation is very large.

Sudden death is an unavoidable death caused by coronary heart disease. Presents with cardiac arrest within 6 hours of acute symptom onset. Therefore, to prevent sudden death, one is that people with myocardial ischemia are highly vigilant, and the other is that people with arrhythmia are highly vigilant.

Is sudden death from a nap at a construction site considered a work-related injury? The nap site does not leave the range of the construction site, and it is normal to be in relatively safe conditions. Article 14 of the Regulations on Work-related Injury Insurance stipulates that in any of the seven circumstances, "it shall be recognized as a work-related injury", most of which are caused by accidents, accidental injuries, or occupational diseases.

However, this person's "sudden death" during a nap at the construction site does not meet the statutory conditions for "shall" be recognized as a work-related injury.

Do you think it's reasonable?

As long as the labor arbitration department identifies that it is a work-related injury, regardless of whether the boss has work-related injury insurance or not, the compensation must be made in accordance with the compensation standard and scope of the work-related injury insurance, and whether it will reach the 1 million yuan claimed by the family depends on the specific compensation standard, and the compensation amount calculated according to the actual calculation will be compensated by the boss of the construction site. If it is determined that it is a work-related injury, it is necessary to compensate the family, otherwise there is no responsibility. In the past, there were cases where work-related injuries were recognized and those that were not, and there was no unified standard, so it was difficult to give a positive answer to whether it was reasonable or not.

I think it's reasonable, because he died suddenly during working hours, and the main reason is also because of work, even if he takes a nap at the construction site, he can't escape the involvement, and in addition, the construction site has insurance for the workers, and the family's claim is very reasonable, just to get back their own money.

I think it's unreasonable, because there are many reasons for sudden nap death on the construction site, not just because of the working environment, and you should understand the situation before making a claim.

Legal analysis: If a worker dies while sleeping on the construction site at night, although he is in the work area, it is not during working hours, nor is it a job, and he is not injured in a sudden accident and dies, but dies of a sudden illness in the time at his disposal, which cannot be recognized as a work-related injury. The unit is not liable for compensation, but the law does not prevent the unit from doing its best.

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) he or she is 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal analysis: If a worker dies suddenly while sleeping on the construction site under the following circumstances, he or she shall enjoy work-related injury insurance benefits in accordance with the law; Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and are injured after arriving at the employer; Harmed in emergency rescue and disaster relief and other activities to preserve national or public interests.

Legal basis: Article 15 of the 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) Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; (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.

Legal analysis: If a worker dies suddenly while sleeping on the construction site, he or she can apply for a work-related injury determination, and after being identified as a work-related injury, he can claim work-related injury compensation in accordance with the law. If an employee dies on the job, his close relatives shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year.

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

The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department.

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.

Legal basis: Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year.

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

The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department.

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.

If a worker dies suddenly while sleeping on the construction site under the following circumstances, he or she shall enjoy work-related injury insurance benefits in accordance with the law; Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and are injured after arriving at the employer; Harmed in emergency rescue and disaster relief and other activities to preserve national or public interests. Legal basis: Article 15 of the Regulations on Work-related Injury Insurance An employee who has any of the following circumstances shall be deemed to have suffered 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 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. Employees who have the circumstance of traveling in items (1) and (2) of the preceding paragraph 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.