Can the employees of sudden death after 7 hours of high temperature work have been identified as a work injury?

High -temperature operations have the adverse effects on employees' bodies or diseases, as well as the complexity of the disease process. A common typical situation is to cause professional heat stroke and belong to the category of occupational diseases; it also includes other diseases. If it meets the situation of the same injury, it should also be regarded as a working injury and enjoying work injury insurance treatment.

■ I feel uncomfortable when pulling grass in the morning

Suddenly died in the afternoon on the way to take medicine

Basic case: Hu Mou and a security company signed the "Labor Contract", from August 20, 2019 to October 2, 2021, and the probation period is from August 20, 2019 to October 19, 2019 Turning up.

At 6:20 on September 7, 2019, Hu Mou was on duty at the south gate of a community. At 7:00 in the morning, he was arranged with his colleague Shi Mou to pull up grass on the west side of the community. Around 8:30, Hu was sweating and uncomfortable with his body. At 3:20 pm on the same day, Hu Moumou returned to the health service station and returned to walk after buying medicines. Sudden syncope at the sidewalk near the cross port. After 120 arrived at the scene, the diagnosis confirmed that there was no life signs, and the cause of death was sudden death.

On September 10, 2019, Hu's son applied to the local Human Resources and Social Affairs Bureau for work injury identification, and the Human Resources Department accepted the same day. On September 23, 2019, the Human Resources and Social Affairs Bureau mailed the application form and proof notice to a security company. A security company signed it on September 25 of the same year. On October 25, 2019, the Social Social Affairs Bureau made a "Decision on the Decision on Work Injury", determining that Hu's death was regarded as a working injury.

A security company refused to accept the decision of the work injury of the Human Resources and Social Security Department, and filed an administrative lawsuit to the court of first instance, asking the court to revoke the decision of the work injury identification.

■ The procedure of the Social and Social Affairs Bureau is not inappropriate

The security company said that before the Human Resources and Social Affairs Bureau made a job injury, it was not found whether Hu's death occurred in working hours and jobs, and whether it was caused by working reasons. The specific administrative behavior was complained by Article 15 of the "Regulations on the Insurance Insurance", but the Human Resources and Social Security Bureau's understanding and application of the clause and the Ministry of Human Resources and Social Security "Regarding how to understand the" Tenth Tenth Tenth Insurance Insurance Regulations "No. 10 "The first letter of Article 5" does not match, and it is a applicable legal error. Hu Mou did not die after working in a working time or did not insist on being sent to the hospital for rescue, but died at the pharmacy on his own.

The court of first instance believed that the incident was in early September, and the local area was still in high temperature weather. Hu was arranged to engage in outdoor open -air operations. It was suspended from working hours and jobs. Because there is no evidence to prove that it is caused by other reasons, the death should be the consequence of the onset. The Human Resources and Social Security Bureau determined that Hu's death was deemed to work injuries in accordance with the provisions of Article 15, paragraph 1, paragraph 1, paragraph 1 of the "Regulations on the Insurance Insurance", and delivered the "Decisive Decision of Work Injury" in accordance with the law. In summary, in accordance with the provisions of Article 69 of the Administrative Procedural Law of the People's Republic of China, it was decided to reject the lawsuit request of a security company.

A security company refused to accept the first instance judgment and appealed to the court of second instance. On November 5, 2020, the second judgment was as follows: the appeal was rejected and the original judgment was maintained.

■ See the identification of work injury

There are still controversy in all sectors of society

Article 15 of the "Injury Insurance Regulations" stipulates that if an employee has one of the following circumstances, it is deemed to be a work injury: (1) In working hours and working positions, the death of a sudden disease or died within 48 hours; ... The understanding and application of this regulation has always been controversial.

In 2016, the Ministry of Human Resources and Social Security's Regulations on how to understand Article 15 (1) of Article 15 (1) of the Regulations on the Insurance Insurance Insurance shall be proposed: Article 15 (1) of the Regulations is The understanding and application of understanding should be paid in accordance with the work hours, work posts, emergencies, and direct delivery of hospital rescue. It has the same and coherent grasp of the same and coherent. The dying disease died on the spot; (2) Employees emerged in working hours and jobs, and the situation was urgent. They were sent directly to the hospital or medical institution to rescue them on the spot and died within 48 hours. As for other circumstances, if you go home to rest, if you do n’t send it to the hospital for rescue at the hospital, you should not be regarded as a working injury within 48 hours of rescue.

However, there are still great controversy on the understanding and application of work injuries in all sectors of society. The Ministry of Human Resources and Social Security has three relevant suggestions on the representatives of the National People's Congress: the Ministry of Human Resources and Social Security's response to the 12th Session of the Twelfth National People's Congress (1421 Human Resources Jianzi No. [2017] No. 133), the Ministry of Human Resources and Social Security responses to the proposal of the 13th National People's Congress No. 8647 (Human Resources Jianzi [2019] No. 2), the Ministry of Human Resources and Social Security against 10 A response to the three sessions of the Third Session of the National People's Congress No. 4242 (Human Resources Jianzi [2020] No. 209). The construction of the legal injury system is not overnight, but employees or families who are harmed due to high temperature operations should actively claim their rights through legal channels.

■ Our reporter He Yaohong

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