Is sudden death on the way to and from work considered a work related injury?

Legal Analysis: Sudden death on the way to work is considered a work-related injury.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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.

This depends on whether sudden death occurs during this working time to be considered a work-related injury.

According to Articles 14 and 15 of the Regulations on Work-related Injury Insurance, work-related injuries refer to injuries suffered during working hours and in the workplace, during work-related absences or on the way to and from work. If an employee dies of sudden illness during working hours and at work, or dies 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 employee or his close relatives can obtain work-related death benefits.

Everyone knows that our five insurances and one housing fund include work-related injury insurance, so if it is fatal due to high work intensity, it is not considered a work-related injury. Let's take a look at how the regulations on work-related injury insurance are stipulated: Article 15 of the "Regulations on Work-related Injury Insurance" If an employee has one of the following circumstances, it is 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; We see that there are two prerequisites for the determination of sudden death work-related injuries:

Whether the death within 48 hours of working hours or work is a work-related injury should be judged according to the specific circumstances, even if it is a sudden death caused by overwork, it cannot be directly determined to be a work-related injury.

As we all know, people's physical health is the accumulation of daily habits, if the body can't stand it due to long-term high-intensity problems at work, sudden death is possible at any time. Then the determination of work-related injuries will also be confusing.

But in fact, sudden death is mostly due to sudden death caused by heart problems, such as myocardial infarction, myocarditis, or non-cardiac sudden death, such as cerebral hemorrhage, pulmonary infarction, acute pancreatitis, bronchial asthma, etc., so sudden death is a disease death and is not covered by accident insurance.

Now that the contract has been written, there is no way to change our subjective perception. Therefore, accident insurance does not cover sudden death.

If it is a sudden death from overtime during this normal working hours, the company must be responsible.

Legal analysis: It is necessary to analyze the specific situation on a case-by-case basis, and if it is due to personal reasons, it is not a work-related injury, and sudden death due to work-related reasons is a work-related injury.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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.

Article 15 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) 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.

Legal Analysis: Sudden death on the way to work is considered a work-related injury.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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: Not a work-related injury. During working hours and at work, if a person dies of a sudden illness or dies within 48 hours after rescue efforts fail, it shall be found to be a work-related injury.

On the way to and from work, those who are injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains for which they are not primarily responsible shall be deemed to be 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) 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.

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) Injuries are made in activities to preserve national interests or public interests, such as emergency rescue and disaster relief; 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 in accordance with the relevant provisions of these Regulations, except for the one-time disability subsidy and the royal song.

If it cannot be calculated, only on a reasonable route on the way to and from work, a traffic accident that is not the main responsibility of the person is considered a work-related injury, and the others can only be accidents.