How to compensate for sudden illness and death at work?

A sudden illness at work does not necessarily count as a work-related injury. If it is during working hours and at work, death from sudden illness or death within 48 hours after rescue efforts are ineffective, it is regarded as a work-related injury. Work-related injury refers to the sudden accidental injury of body tissues caused by the direct action of external factors in the process of production and labor, such as ** and its acute chemical poisoning caused by occupational accidents.

Legal basis] Article 15 of the Regulations on Work-related Injury Insurance, 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.

From a humanitarian point of view, the company should say that the company is also responsible if the illness is directly related to the job being performed. The main thing is the insurance company compensation.

First of all, it should be recognized as a work-related injury. Only then can compensation be made in accordance with the work-related injury standard. And there is a certain time limit for filing a work-related injury.

First of all, it is necessary to apply to the relevant departments for identification, if it is indeed a work-related injury, it will be compensated according to the work-related injury compensation, and the state has standards, as long as the work-related injury standard is met, it will be compensated in accordance with the national standard.

Legal Analysis: The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly or orphan who is alone or orphaned.

Legal basis: "Regulations on Work-related Injury Insurance" Article 39 If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;

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.

According to Article 35 of the Tort Liability Law, if a labor relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear the tort liability. If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties. Therefore, when judging whether the employer should be liable for compensation, it is necessary to analyze the following three aspects in turn:

1. Is there an employment relationship (labor relationship)? 2. Have you been injured as a result of providing labor services in employment activities? 3. Is the employee at fault for the injury?

According to Article 7 of the Labor Contract Law, "the employer shall establish an employment relationship with the employee from the date of employment". According to the Regulations on Work-related Injury Insurance and other relevant provisions of labor laws and regulations, if an employee dies of a sudden illness during working hours or at work in the course of labor relations, it shall be regarded as a work-related injury, and the principle of no-fault attribution shall apply, and he shall bear a certain proportion of compensation liability.

If you apply for work-related death and die of sudden illness within 24 hours, you can apply for work-related death, and the compensation is 20 years of average salary.

In the event of a sudden death at work, the state has a clear standard of bereavement compensation!