The 22 -year -old girl stayed up late to work suddenly: family members said that overtime was a controversial for working injuries to the loan lawyer who returned home

▲ The girl is in ICU rescue (video screenshot)

Red Star News reporter ｜ Cai Xiaoyi Chen Qingyuan

Edit ｜ Wang He

On July 8th, a 22 -year -old girl Xu Huihui (pseudonym), a newly graduated girl in Hangzhou, had a sudden illness while staying at home for four or five days to stay up late, and was subsequently sent to the ICU of the Second Affiliated Hospital of Zhejiang University Medical College to rescue. The girl touched the hearts of countless netizens. Unfortunately, more than half a month later, the girl died in the hospital on July 26.

On July 28, the Red Star Journalist learned from the family of Huihui that the Huihui family was from Jiangxi. Her brother died of a car accident 10 years ago. Xu's father, Xu's mother, for her to go to college by loan. After graduating, Huihui took the debt alone. Because I wanted to reduce the burden on the home as soon as possible, I repaid the loan before working hard.

On the afternoon of the 28th, the official Weibo of the Human Resources and Social Security Bureau of Binjiang District of Hangzhou reported that "22 -year -old girls staying up late for overtime death": After investigation, the enterprises involved were Hangzhou Muk Culture Media Co., Ltd. The bureau has paid attention to the relevant situation and links the relevant units to intervene in the investigation and verification. If an enterprise is found to violate labor laws and regulations, it will be investigated and punished seriously in accordance with laws and regulations.

"Work injury recognition" has become a real problem in front of Huihui's family. Many lawyers believe that because of the sudden death of the non -office location and time, and the rescue time exceeds 48 hours, Huihui must be identified as a work injury, and there is a certain controversy at the legal level.

1

Tragedy

Girls stay up late to work overtime and cause sudden death

The family claims that overtime to repay the home loan

In early July, Huihui began to discover his physical discomfort and asked the company for leave on July 2. "She first went to the small clinic to get medicine, but the condition did not improve, but became more serious." Hui Huidang said, "She has been staying up late to work overtime, and she also had symptoms such as colds, chest tightness and uncomfortable symptoms one week before the incident. After urging, I decided to take a leave at home to rest at home. "

"Tired of breathing!" During the rest at home, Huihui told Xu's father that her chest tightness was discomfort. Father Xu asked if he needed not to rush from his hometown in Jiangxi, but Huihui was better. She said, "I will slowly be better" , Did not let Xu's father go to Hangzhou.

On July 8th, Huihui's physical discomfort was getting worse and worse, and it was unbearable, so she borrowed 2,000 yuan from the classmates who leased them to the second hospital of the Zhejiang University School of Medicine. Suddenly fainted in the emergency room. Later, Huihui was sent to the ICU to rescue.

According to local media reports, Lu Xiao, deputy chief physician of the Emergency Department of the Second Affiliated Hospital of Zhejiang University Medical College on the same day. According to Dr. Lu, the girl had no consciousness when she was sent to the emergency room. Further inspection found that there was no heartbeat and breathing, her skin was purple, and the situation was very critical. They diagnosed that "sudden death caused by myocarditis."

Due to the serious condition of the girl, it was not detrimental to the ICU for 6 days. The hospital has since considered heart transplant surgery, but the girl's home cannot afford huge costs. After the death of the girl, Deputy Chief Physician of the Emergency Kosho Lu Xiao at the Second Affiliated Hospital of Zhejiang University School of Medicine released a video on the social platform. It is not suitable for rescue, comforting the family members to let the girls leave quietly ... "This kind of conversation with family members is actually very painful. The family members are very painful, and the doctor is also very painful." Dr. Lu said afterwards.

On July 28, the Red Star Journalist learned from Huihui's family that Huihui was from Jiangxi. He was 1.6 meters tall and thin. His brother died of a car accident 10 years ago. Xu's father was 59 years old and his mother was 57 years old. After the death of Brother Huihui, Xu Mu recreated at home because of his grief, and Xu's father gave people a caregiver with an annual income of 50,000 to 60,000 yuan.

In 2018, Huihui was admitted to the Jiangxi Institute of Engineering, and the annual tuition fee was 20,000 yuan. There is no money at home. During the college, Huihui was relying on 8,000 yuan per year. Huihui's parents also save money for life. All money is used to raise her daughter, leaving only 45,000 yuan a year for the New Year.

Around 2020, Huihui found that there was a wolf spotted red sore. When the first treatment was treated, the monthly cost was more than 1,000 yuan. The long -term uninterrupted medical expenses added the family to the economic burden.

In September 2021, Huihui, who had not graduated, entered Hangzhou Muk Culture Media Co., Ltd. for internship, and his position was online live operation. Tianyancha shows that this is a new company. The company was established 4 months before Huihui joined the business and engaged in the business service industry.

During the internship, Huihui's monthly salary was four or five thousand yuan. On December 1, the same year, Huihui officially turned to righteousness. After the transfer, and the performance salary, the per month can be in the early 10,000 yuan.

In fact, before going to college, Father Xu expressed his hope that his daughter would be a teacher in the future, and his work was relatively stable. However, Huihui has her own plans. She believes that the teacher's work is stable but the income is not too high. She wants to learn art, and her income is higher after work, so that she can take care of herself and her family.

In Hangzhou, Huihui and a classmate and another tenant jointly rented a set of three -bedrooms in Xiaoshan. The rent and property water and electricity costs were around 2,000 yuan per month. Father Xu said that Huihui needs to take the subway from Xiaoshan to Binjiang every day. The company goes to work at 12 o'clock. She set off around 11 am and leaves work at 8 pm, but she often works overtime. During the Chinese New Year in the Spring Festival in 2022, Huihui Labo returned home on the 28th, and he often turned on computer processing when he returned home. Father Xu introduced to Hongxing News reporter that when Huihui graduated this year, he took the debt alone. Because she wanted to reduce the burden on her home as soon as possible, she desperately worked. "Since Huihui work, she has always contacted her. She often said that she was tired every day, and often worked until four or five in the morning."

▲ Father Xu

2

Family voice

Called the daughter's body by the company "beaten"

The local people's social department has been involved in the investigation

When Huihui was taken to the hospital for rescue, because Xu's father and Xu were unable to pay medical expenses, Hangzhou Muk Culture Media Co., Ltd. helped him pay 100,000 yuan in the form of an underwriting form. According to the family members, the cost of this treatment has been costing 450,000 yuan, and the related love fundraising platform shows that there is already a fundraising of 190,000 yuan.

After more than ten days of hospitalization, Huihui once woke up, and the father and daughter were able to communicate briefly -Xu's father comforted her and said "it would be good", and Huihui also answered Xu's father "good". However, on July 26, after half a month of rescue, Huihui died unfortunately.

Father Xu introduced that after learning that her daughter died, Mother Xu could not eat in the past two days, so she had to invite a doctor to get a bit. On the 27th, Father Xu said on social networking sites, "My child finally left our two lonely old people. Thank you for your help during this time. Taking care of yourself if you struggle! "

On the evening of the 27th, the second veteran's body was sent back to his hometown of Jiangxi. At present, the Xu's family has been consulted with lawyers to consult with work injury and legal procedures. There is no new progress for the time being.

Father Xu believes that his daughter's body is "beaten" by the company, but as of now, the company has never proactively condolences to Huihui's family. He believes that the company should bear the corresponding responsibility.

According to media reports, the company's executives have said that there is nothing to say about girl -related follow -up processing, and something can be found in the company. The girl's family said that they had contacted the company's legal affairs, and the legal affairs clearly stated that they would not be responsible. If they wanted to apply for work injury compensation, they needed a legal way.

On July 28, the official Weibo report of the Human Resources and Social Security Bureau of Binjiang District of Hangzhou City reported that the 22 -year -old girl stayed up late and worked suddenly. After investigation, the enterprise involved was Hangzhou Muk Culture Media Co., Ltd. The bureau has paid attention to the relevant situation and links the relevant units to intervene in the investigation and verification. If an enterprise is found to violate labor laws and regulations, it will be investigated and punished seriously in accordance with laws and regulations.

▲ On July 28, the official micro -notification of the Human Resources and Social Affairs Bureau of Binjiang District, Hangzhou

3

The rescue time exceeds 48 hours

Work injury determination may be controversial

On the evening of the 28th, Father Xu and Zhou Zhaocheng carried out online connection in the media live broadcast room. Zhou Zhaocheng was a famous lawyer in Beijing and had represented well -known cases such as the "Boarding Corpse" and "wrong change of life". In the live broadcast, lawyer Zhou Zhaocheng said that because the girl had rescued for more than ten days and the rescue time had exceeded 48 hours, there was a certain controversy in the foundation injury. "At the legal level, if only 48 hours are limited, it is worth exploring from time. I hope that family members should not be sad. If there is evidence to prove that the company's overtime system seriously violates the labor law, the company will still bear the corresponding compensation."

Lawyer Zhou Zhaocheng believes that according to the Labor Law, the average workers work for more than 44 hours a week, and there will be stipulated in the overtime time. The employer cannot do it at will for no more than 8 hours a day. Huihui's death has a certain causal relationship with the company's overtime culture. If the relevant functional departments determine that the employer has an illegal employment, there is a problem of infringement.

Red Star reporters have noticed that in recent years, many people in the workplace have not only faced a high -intensity working environment that it is difficult to jump out, but also always worried that it is difficult to be identified as an insurance dilemma after unexpected accidents.

On June 21, 2021, Lin Yanmei, a nurse at the Guangming Branch of the Guangming Branch of the University of Chinese Academy of Sciences, died of brain hemorrhage during the duty, leaving a 3 -year -old autistic child. Because rescue for more than 48 hours, it is impossible to meet the terms of work injury and is not identified. The incident finally ushered in a transfer after being reported and reproduced by multiple media. The Shenzhen Municipal Social Security Bureau later said that the investigation will be launched, and her husband also stated that it is applying for work injury.

Zhang Shiqian, the founder of the Legal Network and Lawyer of Hebei Houzheng Law Firm, is just a minority of lucky examples that can be identified as work injury. Zhang Shiqian told Hongxing News that in the cases of his hands in recent years, most of the sudden death cases of employees did not be identified as work injuries because they did not meet the "Regulations on Work Injury Insurance".

According to the "Work Injury Insurance Regulations" identification criteria, in working hours and work, the death of the disease or dying within 48 hours can be identified as a work injury. "This kind of work injury is deemed to be a work injury, which is mainly different from the death in production safety accidents. Therefore, the identification of work injuries is also harsh." Zhang Shiqian introduced.

Fu Jian, a lawyer of Henan Yulong Law Firm, believes that the sudden death of the non -working hours at home is generally less correlated with the work content arranged by the employer. The requirements are not matched, it is difficult to identify work injuries. The famous labor dispute lawyer of Shanghai Hang Lung Law Firm also told Red Star Journalists that the sudden death of employees at home does not meet the "Regulations on Work Injury Insurance" and it is difficult to identify as industrial injuries. "If you are engaged in the preparations related to work or injured by accidents, you should be identified as a work injury. If the traffic accident or the non -responsible traffic accident, the car can be regarded as a working injury."

"In the past, there were some cases. Even if some sudden death may be because of high -intensity work, but not satisfied with the" Regulations on Work Injury Insurance ", the family members even fought administrative lawsuits, and they would still maintain the original determination of work injuries." Xun Dong said.

Zhang Shiqian believes that one of the reasons for the sudden death of employees is one of the reasons for work injury. It is because the law is considering that there is no necessary causal relationship between sudden death and work injury. "Sudden death is related to all aspects of personal emotions, physique, and psychology. The law is pursuing fairness. The positions of employees, companies and relevant departments need to be taken into account. Negotiation of sudden death is directly related to work injury. "

After contacting many cases of work injury compensation, Zhang Shiqian believes that for some extreme situations, special industries and special positions, it should be identified as work injury, because the value orientation of legislation is always pursuing a fair and justice. According to Zhang Shiqian, in around 2019, the Minutes of the Supreme People's Court's meeting recorded a special situation. "" In the unit of the unit, but to go home due to special circumstances or reasonable reasons (such as taking medical insurance cards and cure diseases, etc.) Those who go to the hospital from the company should also be identified as a work injury. "

In the past two years, there have been typical cases of identifying work injuries. "The first is because of the epidemic. Some special industries and special positions will complete their work at home, such as judges, teachers, etc. In this case, they can also be identified as work injuries. The second is that it is more than 48 hours. Those who are particularly long or declare signs of brain death before death, there are relevant records in the case, and there are also successful examples of being identified as work injury. "Zhang Shiqian said.

Fu Jian said that if it is identified as a work injury, it is necessary to submit an application for work injury identification to the local labor capacity appraisal committee. At the same time, the application for identification is submitted, and the materials that exist in labor relationship with the employer, the medical diagnosis certificate. If a work injury is constituted, the family members may file a lawsuit request for work injury compensation. The court will calculate the compensation of funeral expenses and disposable work in accordance with the application of the indictment and the local work injury compensation standards.

"But if it is too long before working hours and place of work, such as sudden death when sleeping at home, you can almost confirm that work injuries cannot be determined." Zhang Shiqian introduced, "If you can't identify work injuries, you can enjoy at most due to the death of the public. There are fewer treatment compensation, only funeral expenses and non -cause public death subsidies based on working years and the years of pension insurance. Basically, it will not exceed 100,000 yuan. In addition, the company's humanitarian compensation has no legal binding power. "

Zhang Shiqian pointed out that as early as the introduction of the "Injury Insurance Regulations" in 2004, there was a approval document that was dealt with by work injury. After the "Work Injury Insurance Regulations" were introduced, there was no formal legislation because of the conflict between the two. Approval documents point out that if patients with hypertension or heart disease have continuous overtime before sudden death, they can enjoy work injury treatment. "But how big is the circle of work injuries, can it be regarded as a real fair? How many hours to work overtime can be considered overwork? This is a question that needs to be continuously explored in the future."

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