If you suffer from mental illness before the end of the labor contract, can it be considered a work

Work-related injuries refer to injuries caused by adverse factors and occupational diseases suffered by workers when they are engaged in occupational activities or activities related to occupational activities.

Specifically, according to the relevant provisions of the Regulations on Work-related Injury Insurance, work-related injuries are divided into two situations: those that should be recognized as work-related injuries and those that are deemed to be work-related injuries. Among them, among the various circumstances that occur to employees, they should be recognized as work-related injuries: injuries caused by accidents during working hours and in the workplace; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 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; and other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Mental illness does not fall within the scope of occupational diseases in China, and of course cannot be recognized as work-related injuries.

Hope it helps. Thank you!

Please go to an occupational disease appraisal institution for appraisal first.

It depends on what you said about the cause of the employee's illness, and I personally think that it is unlikely that the work-related injury will be directly identified, and mental illness has not yet been included in the scope of the occupational disease catalog!

How did you get it?

There is an example on the Internet, a postman was scared by a dog while delivering a courier, and he got a mental illness, which was ruled by the court, and it was not a work injury.

<>1. Is it not a work-related injury for a worker to suffer from mental illness?

It does not count as a work-related injury, because mental illness is not an occupational disease and therefore does not fall under the category of work-related injury. Work-related injury refers to an accident injury or occupational disease hazard due to work-related reasons, mental illness is not a statutory occupational disease, and the so-called work stress is generally psychosis not caused by an accident injury caused by work-related reasons, not a work-related injury.

Where other elements of a work-related injury determination are met, it is to be found to be a work-related injury, and mental injuries suffered at work cannot be found to be work-related injuries. Mental illness is caused by brain damage or lesions caused by external force blows, and meets the other elements of the work-related injury determination, it is to be found to be a work-related injury. Mental injuries suffered at work cannot be recognized as work-related injuries, and work-related injuries are required for medical treatment and work-related injury compensation.

Zen Shen should distinguish between the situation and see whether the mentally ill person suffers from a work-related injury or suffers from a mental illness in the course of work, so as to apply for a work-related injury determination.

2. How to compensate for the resignation of the employee after the work-related injury is determined?

First, regardless of whether a work-related injury occurs, there is no economic compensation for the voluntary resignation of ordinary employees, except for those who are forced to resign. If the company fails to help the employee pay social insurance, or fails to pay wages in full and on time, or fails to provide working conditions or labor protection, the employee may be forced to resign on this basis and request the company to pay the severance of the forced resignation.

Second, if a person resigns due to a work-related injury, although the employer may not pay the severance for the number of years of service, the work-related injury insurance cannot be deprived because of this. In the case of work-related injury disability, a one-time disability subsidy, a one-time disability employment subsidy, and a one-time work-related injury medical subsidy, of which the former subsidy can be claimed and paid during the existence of the labor relationship, and the latter two compensation are paid after the termination or dissolution of the labor contract.

If a dispute arises over work-related injury benefits, it can be resolved through negotiation, applying for mediation, arbitration or filing a civil lawsuit. It should be pointed out that a civil lawsuit must be arbitrated before it can be filed, otherwise the court will not accept it.

Mental illness generally does not belong to work-related injuries, the unit applies for work-related injury recognition for employees, and after confirming the work-related injury level, it is necessary to compensate according to the corresponding level, and employees who are identified as first-class disabled can get more compensation, including one-time disability employment payment, disability subsidy, work-related injury medical subsidy, and lost work expenses.

If the mental illness is caused by brain injury or pathological changes caused by external forces, and other requirements for the determination of work-related injury are met, it should be recognized as a work-related injury. Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved. Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits.

If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Many enterprises, especially high-tech enterprises, work from 9 to 9, and encounter some special circumstances, Sun Kai may have to stay up late to work overtime, the pressure of competition is high, and some employees have mental problems or suffer from mental illness, so is mental illness during work considered a work injury? If an employee suffers from mental illness caused by an accident at work, it can be recognized as a work-related injury, and if an accident at work is only a cause of mental illness, mental illness cannot be recognized as a work-related injury. The cause of work-related injuries is work, and the time is in the course of work, and the result is accident injuries and occupational diseases.

It can be seen that work-related injuries are indispensable to the composition of these three conditions, and occupational diseases are the situations that cause diseases caused by long-term exposure to dust, toxic and harmful or radioactive substances in work projects. In the Regulations on Work-related Injury Insurance, if an employee has any of the following items, it can be recognized as a work-related injury: 1. During the employee's work period and place of work, the person who is injured in an accident due to work reasons is recognized as a work-related injury.

2. If an accident occurs at the place of work or before or after work hours due to preparation or finishing work, it may be recognized as a work-related injury. 3. During working hours and at the place of work, if you are accidentally injured due to the performance of your work duties, for example, if a traffic police officer is violently injured by Sun Qi on duty, it may be recognized as a work-related injury. 4. Occupational diseases caused by long-term exposure to toxic and harmful radioactive substances in the course of work may be recognized as work-related injuries.

5. During the working period, if the employee is injured or missing due to an accident or accident that needs to go out for work, or because of work, the employee may be deemed to have suffered a work-related injury. 6. In the course of commuting to and from work, if a traffic accident occurs or an accident for which an employee is not primarily responsible, such as a subway, ferry, or train, an employee is not primarily responsible, he or she is injured, it may be recognized as a work-related injury. 7. Other circumstances recognized by relevant laws and regulations as work-related injuries.

In summary, if mental illness is not caused by an accident, and mental illness does not currently fall under the category of occupational diseases, it cannot be recognized as a work-related injury. If the employee is sick during the internship period, it can be dismissed, if the regular worker suffers from mental illness, he needs to contact his family to take him to see a doctor, and provide living allowance during the period.