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According to the provisions of the Trial Measures for Work-related Injury Insurance for Employees of Enterprises issued by the former Ministry of Labor in August 1996, if an employee is injured, disabled or dies due to one of the following circumstances, it shall be recognized as a work-related injury:
1) Engaged in the daily production or work of the unit or the work temporarily designated by the person in charge of the unit, and in case of emergency, although not designated by the person in charge of the unit, engaged in work directly related to the major interests of the unit;
2) Engaging in scientific experiments, inventions, and technological improvements related to the unit with the arrangement or consent of the person in charge of the unit;
3) Occupational diseases caused by exposure to occupational harmful factors in the production and working environment;
4) In the time and area of production and work, accidental injury caused by unsafe factors, or death due to sudden illness due to work tension or total loss of working ability after the first rescue;
5) Personal injury caused by the performance of duties;
6) Engaging in rescue, disaster relief, rescue and other activities to safeguard the interests of the state, society and the public;
7) Soldiers who are disabled in the line of duty or because of war are injured after being demobilized and transferred to work in enterprises;
8) During the period of going out on business, due to work reasons, suffered from traffic accidents or other accidents caused by injuries or missing, or died due to sudden illness or lost the ability to work after the first rescue**.
9) On the specified time and necessary route for commuting to and from work, there is a road traffic motor vehicle accident for which there is no personal responsibility or no primary responsibility;
10) Other circumstances stipulated by laws and regulations.
According to the provisions of the Trial Measures for Work-related Injury Insurance for Employees of Enterprises promulgated by the Ministry of Labor in August 1996, if an employee is injured, disabled or dies due to one of the following circumstances, it shall not be recognized as a work-related injury:
1) Committing a crime or violating the law;
2) suicide or self-harm;
3) brawls; 4) alcoholism;
5) Intentional violation;
6) Other circumstances stipulated by laws and regulations.
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So this injury is not an injury sustained while working in the unit. If it is a pre-existing illness, it cannot be regarded as a work-related injury.
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Legal Analysis: If you are injured in an accident due to work during work, or if you are injured by violence or other accidents due to the performance of work duties; Death from occupational disease or sudden illness or death within 48 hours after rescue efforts have failed to result in a work-related injury shall be counted as work-related injuries.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (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 their duties as a result of rough work; (4) Suffering from an occupational disease; (5) During the period when they are out for work, they are injured due to work shortages or are missing in an accident in the town; (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.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a 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.
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Legal Analysis: If an employee has a sudden illness during working hours, in the workplace, or because of work-related reasons, it will generally be recognized as a work-related injury.
On the other hand, if an employee suffers from a condition of poor health due to physical leave, but is not a physical injury caused by an injury sustained in the course of work or an illness induced by occupation, it is generally not recognized as a work-related injury.
Legal basis: 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) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
2) Touching the key to being harmed in activities to preserve national interests or public interests, such as emergency rescue and disaster relief;
Employees who originally served in the army, were disabled due to war and duty injuries, and have obtained the certificate of revolutionary disabled soldiers.
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Summary. Hello dear for your question, oh <>
"If an employee has a sudden illness during working hours, at the workplace, or because of work, it will generally be recognized as a work-related injury." On the other hand, if an employee suffers from a lack of health or well-being, but is not physically injured or caused by an injury suffered in the course of work, or is an illness induced by occupation, it is generally not recognized as a work-related injury. ”
Is getting sick at work considered a work-related injury?
Hello dear for your question, oh <>
"If an employee has a sudden illness during working hours, in the workplace, or because of work, it will generally be recognized as a work-related injury." On the other hand, if the worker's health level is not good and good, and the illness caused by the socks is not caused by the injury suffered in the course of labor or the illness induced by the occupation, it is generally not recognized as a work-related injury. ”
In the work of sudden illness, you can't generalize, the key is to look at the consequences of sudden illness. Article 15 of the newly revised Regulations on Work-related Injury Insurance implemented on January 1, 2011 stipulates that "an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
During working hours and at work, the person who died of a sudden illness or died within 48 hours after being rescued". It can be seen from this provision that if an employee suddenly falls ill in the course of work, if he dies immediately or fails to rescue within 48 hours after the sudden illness, he or she will be regarded as a work-related injury and enjoy work-related injury benefits in accordance with the law. Otherwise, it should not be treated as a work-related injury.
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This situation of yours is indeed a bit peculiar.
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