Is sudden death from overtime considered a work related injury? Is sudden death from overtime consid

Hello! Sudden death from overtime work is of course considered a work-related injury. However, the premise is that the death from a sudden illness at work or death within 48 hours of onset of illness is difficult to determine if it is not a work injury or death occurs within 48 hours (such as 49 hours).

This is because the term "deemed work-related injury" is an expansion of the understanding of traditional work-related injuries (accidents caused by accidents caused by working hours, places, and work-related reasons), and the expression "deemed work-related injuries" itself takes into account the right to take care of the workers on the disadvantaged side. Therefore, it is not possible to arbitrarily expand the scope of work-related injuries under the premise that the employee has already taken care of himself.

Of course, in a similar situation where you do not die at work, since of course you usually work a lot of overtime and do not give the employee enough rest time, then of course there is a fault, and you can take the route of tort.

If an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury and shall be entitled to work-related injury insurance benefits in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance.

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.Injured in an accident during working hours and in the workplace due to work-related reasons;

2.Injured in an accident while engaged 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, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6.Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is 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.

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.

Death from sudden illness at work or death within 48 hours after rescue shall be regarded as a work-related injury. You can apply for a work-related injury determination and claim benefits.

If it is a sudden death during working hours, at work, or within 48 hours of rescue, it is a work-related injury.

If the employee dies because of factors such as excessive overtime, it can be regarded as a work-related injury, but if the employee's death is related to his or her own habits, it cannot be regarded as a work-related injury. How much the company compensates for sudden overtime death shall be compensated in accordance with the standards prescribed by law, funeral allowance, pension for dependent relatives and one-time work-related death allowance

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 of the employee who died on the job and 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.

The Supreme People's Court's ruling held that the death of a sudden illness during overtime work was regarded as a work-related injury.

Some of the main points are as follows:

1. The provisions of Article 15, Paragraph 1 (1) of the Regulations on Work-related Injury Insurance shall still apply to the death of a sudden illness that is too late to be rescued, or the death of a person who is not present at the time of onset and loses the opportunity to be rescued. That is, if an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it is regarded as a work-related injury.

2. During the overtime work period, it belongs to "working hours and work positions".

The Supreme People's Court held that the period during which an employee works overtime for the benefit of the employer should also be classified as "working hours and work positions". The main reasons are:

1) To understand "working hours and job positions", we should first look at whether the employees are engaged in their own work for the benefit of the unit. Sudden illness death at the working time and place specified by the unit is regarded as a work-related injury, and for the benefit of the unit, the work is brought home, personal time is occupied to continue working, and the rights of the sudden illness and death during the period should be protected.

2) Article 14 of the Regulations on Work-related Injury Insurance stipulates that the conditions for determining work-related injuries are "working hours and workplaces", while Article 15 uses "working hours and workplaces" when considering work-related injuries. Employees work overtime at home to complete their job responsibilities, and of course they should belong to the "working hours and work positions" stipulated in Article 15.

(3) Article 15 replaces "workplace" with "workplace", which in itself is a further expansion of the scope of the workplace by legal norms, and the understanding of "workplace" to include overtime work at home is a normal understanding of the legal provisions, not an expanded interpretation.

3. In the case that it is difficult to determine whether the sudden illness occurred during working hours and the job is difficult to determine, a positive presumption of fact in favor of the employee shall be made.

4. Whether the employee violates the rules and regulations of the unit is not a factor that should be considered in the determination of work-related injuries.

It can be counted. It can be counted. From a legal point of view, the company has the legal responsibility and obligation to protect the life, health and safety of employees, to provide employees with a healthy, in line with national standards of working environment and equipment, for the work needs and chain Sun closed to require Kaiqing employees to perform normal overtime shed cracking, should pay statutory wages. ”

Hello, if a friend's employee does not have a work-related injury due to overtime, as long as it is a sudden illness that is really overtime during overtime, it will definitely be recognized as a work-related injury.

Is sudden death from overtime work a work-related injury in China?

Article 15 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be regarded as a work-related injury

Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed.

Sudden death should be a sudden illness and should be 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 workman's filial piety 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".

It can be counted. It can be counted. From a legal point of view, the company has the legal responsibility and obligation to protect the life, health and safety of employees, to provide employees with a healthy, in line with national standards of working environment and equipment, for the work needs and chain Sun closed to require Kaiqing employees to perform normal overtime shed cracking, should pay statutory wages. ”

Sudden death caused by overtime is a work-related injury. The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in a traffic accident for which he or she is not primarily responsible, or in an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible, it shall be deemed to be a work-related injury.

Hello! Of course, this is a work injury, and the company will be unlucky if it dies suddenly in overtime.

As long as there is evidence to prove that it occurred during overtime hours, in the workplace where overtime was overworked, and the sudden death occurred within 48 hours, it is also a work-related death. Therefore, it is important to pay attention to collecting relevant evidence and keeping it well. Only when there is evidence can you better assert your rights and interests.

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.

If it is a sudden death due to overtime at work, it is generally a work-related injury. If an employee dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury. The immediate family members of the unit or the employee may apply for a work-related injury determination in accordance with the law.

[Legal basis].

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.

Article 15. If an employee has any of the following circumstances, it shall be regarded as 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 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.