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Anonymous users2024-02-16Tuberculosis is not a statutory occupational disease, it is not caused by an accident due to work, and it is not a work-related injury.
Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under 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.
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Anonymous users2024-02-15Legal analysis: If tuberculosis is caused by work, it can be recognized as a work-related injury.
Legal basis: Regulations on Work-related Injury Insurance
Article 10 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 preparatory or finishing work related to the preparation of the mausoleum 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) 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 an employee has a quarrelsome situation in items (1) or (2) of the preceding paragraph, he or she 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.
Article 16: Where employees meet the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, they must not be found to be a work-related injury or treated as a work-related injury: (1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide.
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Anonymous users2024-02-14Legal Analysis: China's work-related injury insurance regulations have made clear provisions on the conditions for the determination of work-related injuries. In general, tuberculosis is not necessarily considered a work-related injury.
If the worker is injured due to his or her own illness while working, then tuberculosis cannot be regarded as a work-related injury. However, if it is an occupational disease, or if it is caused by an occupational disease, then tuberculosis caused by work is a work-related injury.
Legal basis: Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance If an employee has any of the following circumstances, it shall be recognized as a work-related injury: (1) 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.
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