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

Sudden death caused by overtime is a work-related injury.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury under 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.

Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee 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.

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.

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 when it happens. 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 mid-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 during overtime during this normal working hours, the company must have the responsibility to guess the register.

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 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 may be recognized as a work-related injury. ”

Hello, according to the relevant laws and regulations, during working hours and at work, death from sudden illness or death within 48 hours after rescue is ineffective can be recognized as a work-related injury. Whether the circumstances of this case are work-related injuries depends on whether there is a sudden illness during working hours, at work, or in the workplace, and if it is not an immediate death, it also depends on whether it is a case of death within 48 hours after rescue efforts. If it is, it is a work-related injury, otherwise, it is not.

In addition, if there is mandatory overtime work in the workplace, there is also a certain legal responsibility for the death of the girl.

In one case, I worked nearly 130 hours of overtime every month.

The employee died suddenly on the way to work, and the unit was sentenced to 360,000 yuan.

It is regrettable that sudden death occurred due to overtime at a young age. If something like this happens, what is the responsibility of the employer? On July 28, a case was reported by worker**.

Although the sudden death of an employee of an enterprise on the way to work from work did not meet the conditions for the determination of work-related injuries of "working hours and workplace failures", "working overtime for nearly 130 hours without rest for a whole month" before the incident became the basis for the enterprise's responsibility, and the unit was sentenced to bear 30% of the responsibility for illegal employment.

Belong. 1.It is a work-related injury.

2.If an employee is injured due to work-related work, it is also within the scope of work-related injury.

3.The circumstances that should be recognized as work-related injuries mainly include the following frontal situations: (1) being injured in an accident during working hours and in the workplace due to work-related reasons;