Is it a work injury?22 -year -old girl's sudden death caused heated discussion

Recently, a 22 -year -old girl in Hangzhou stayed up late for four or five consecutive days. As a result, a sudden illness died after being sent to the ICU for 6 days, and he died unfortunately. He rushed to social media hot searches, causing widespread attention from employees. After the incident, the girl's family said that it had contacted the company's legal affairs. The legal affairs clearly stated that they would not be responsible.

Then the problem comes

Is this situation a work injury?

What are the criteria for the identification of work injury?

With these issues

We consulted relevant lawyers

Let's take a look at professional answers together

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Lawyer interpretation

1. As far as the "22 -year -old girl has suddenly died overtime", does Xu Moumou constitute a work injury?

According to the official report, the parties Xu Moumou entered Hangzhou Cultural Media Co., Ltd. for internship on September 27, 2021. After obtaining a graduation certificate on July 1, 2022, he was officially joined and engaged in live broadcast operations. Starting from July 5th, he took leave for his physical discomfort. On July 8th, he went to the Binjiang Hospital of Zhejiang Second Hospital and was admitted to the hospital for treatment. He died unfortunately on July 26. According to the party's 10 -day attendance record before the party for leave, there were 6 days of night broadcasting, and they had been restricted on the second day.

According to the "Regulations on Work Injury Insurance", two basic conditions for "working hours and working reasons within working hours and work injuries must be complied with two basic conditions, or those who have been identified by occupational diseases, or they encounter non -my main responsibilities on the way to get off work on the way to work. Traffic accidents; if the workers die in their working hours and jobs, they must meet the conditions for rescue of invalid death within 48 hours. The "Work Injury Insurance Regulations" strict standards for the establishment of work injury identification are also to prevent the determination of work injury from being too hasty.

In this case, according to the facts investigated by the Hangjiang River Human Social Security Bureau in Hangzhou City, the parties Xu Moumou asked for leave due to physical discomfort on July 5th. Died unfortunately. In strict accordance with the standards set by the "Work Injury Insurance Regulations", the existence of "should not be identified as a work injury" or the situation of "regarding work injury" is neither "identified as a work injury". However, according to Xu Moumou's 10 -day attendance record before the leave, there are 6 days of the actual situation of night broadcasting. Whether there is a causal relationship between the long -term night shift work and the results of death remains to be identified and verified.

2. What are the current criteria for the identification of work injuries in laws and regulations?

The "Regulations on Work Injury Insurance" determine that work -related injuries and deepen are regarded as clear regulations:

Article 14 If an employee has one of the following circumstances, it shall be identified as a working injury:

(1) In working hours and workplace, they are harmed by accident due to work reasons;

(2) In the workplace, the preparation or ending of the work is harmed in the workplace before and after the workplace;

(3) In the working hours and workplace, it was injured by accidental injuries such as violence due to performance responsibilities;

(4) Dynamics of occupational diseases;

(5) During the work of the work, it is injured or the whereabouts of the accident are unknown due to work reasons;

(6) On the way to and from get off work, a traffic accident or urban rail transit, passenger ferry, and train accidents that receive non -person responsibility;

(7) Law and administrative regulations should be identified as other circumstances.

Article 15 If an employee has one of the following circumstances, it is deemed to be a working injury:

(1) In the working hours and work positions, the death of a sudden disease or died within 48 hours;

(2) It is harmed in the maintenance of national interests and public interests such as rescue and disaster relief;

(3) Employees were originally served in the army. They had obtained a revolutionary disabled military card due to war and disability due to public injuries.

If the employee has the circumstances (1) (1) (1) (1) item (2), the work injury insurance benefits shall be enjoyed in accordance with the relevant provisions of these regulations; if the employee has the situation of the preceding paragraph (3), it shall be enjoyed in accordance with the relevant provisions of these regulations. Work -related injury insurance benefits other than sex disability subsidies.

3. What period should I apply for work injury to be applied within the time limit?

Article 17 of the "Regulations on Work Injury Insurance" Article 17 Employees are diagnosed and identified as occupational diseases in accordance with the provisions of the Occupational Disease Prevention Law. The regional social insurance administrative department submits an application for work injury identification. In the case of special circumstances, the application time limit can be extended appropriately by the consent of the social insurance administrative department.

If the employer fails to apply for the application of work injury in accordance with the provisions of the previous paragraph, the worker or its close relatives, and the union organization of the work injury or the union organization can be directly planned to the regional society where the employer is located within one year from the date of the accident of the accident or the diagnosis and appraisal of the occupational disease. The insurance administrative department submits an application for work injury.

4. What is the application process for work injury compensation? What materials are needed?

Article 18 The application for the application of work injury shall be submitted to the following materials:

(1) Application form for work injury identification;

(2) Proof materials for labor relationships (including factual labor relationships) with employers;

(3) Certificate of medical diagnosis or occupational disease diagnosis (or occupational disease diagnosis and appraisal).

The application form of work injury identification shall include the time, place, cause, and the degree of damage of employee damage.

If the applicant provides incomplete materials for the applicant of the work injury, the social insurance administrative department shall inform all the materials that the applicant needs to correction in writing a one -time written in writing. After the applicant notify the materials in writing, the social insurance administrative department shall accept it. Article 20 The social insurance administrative department shall make a decision within 60 days from the date of acceptance of the application of work injury, and informs the employees who apply for work injury identification in writing or their close relatives and the unit where the employee is located.

The social insurance administrative department shall make the application for work injury with clear facts and clear rights and obligations.

5. What should I do if I do not accept the conclusion of the work injury?

Article 55 If there is one of the following circumstances, the relevant unit or individual may apply for administrative reconsideration in accordance with the law, or to file an administrative lawsuit to the people's court in accordance with the law:

(1) Employees who apply for work injury or their close relatives, and the unit where the employee is located is not convinced by the decision to apply not to accept the application of the work injury;

(2) Employees who apply for work injury or their close relatives, and the unit where the employee is located is not convinced by the conclusion of the work injury;

(3) If the employer does not accept the fee rate of the unit determined by the agency;

(4) Medical institutions and auxiliary equipment configuration agencies that sign the service agreement believe that the agency has not fulfilled the relevant agreement or regulations;

(5) Workers' injured employees or their close relatives have objections to work injury insurance procedure approved by the agency.

6. If it is identified as a work injury, is it compensated by the company? What are the compensation standards?

Article 30 to 41 of the "Regulations on Work Injury Insurance" stipulates that work injury insurance benefits include: medical expenses, hospital food subsidies, salary salaries for stopping work, employment subsidies for disability, disabled medical subsidy, disability subsidy , Nursing costs, appraisal expenses, transportation expenses, etc.; Workers include funeral subsidies, support for relatives' pensions and disposable labor subsidies.

(1) If the enterprise purchases work injury insurance, the work injury insurance fund compensation project: medical expenses, hospital food subsidy fees, work injury rehabilitation costs, disability assistance equipment costs, nursing costs, disposable disability subsidies, disability allowances, disposable work injury injury Payment of funeral subsidies, support for relatives and disposable work -off subsidies under the condition of medical subsidy and working death;

Enterprises only need to bear: one -time disability employment subsidy, salary and salary during the stoppage of work, and disability allowances under the labor relationship.

(2) Responsibility for the company's failure to purchase work injury insurance: (bear all expenses)

Article 62 of the "Regulations on Work Injury Insurance" in accordance with the provisions of the regulations shall not participate in accordance with the provisions of these regulations, the social insurance administrative department shall order to participate within a time limit, and the work injury insurance premium shall be paid shall be paid. , Increased by five percent of ten thousands of late fees on a day; if the overdue is still not paid, a fine of more than 1 and three times the amount of the offer is paid.

In accordance with the provisions of these regulations, if employees who participate in work injury insurance and fail to participate in work -related injury insurance shall have work injury, the employer shall pay the work injury insurance benefits and standard payment fees in accordance with the provisions of these regulations.

Kunming Federation of Trade Unions Full Media News Center

The data comes from the Internet

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Edit: Liu Qiyue

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