The question you mentioned this is a recent top topic on the Q&A platform, although it is old news, but the heat is still unabated, indicating that this issue has always been everyone's concern, we have a great deal of controversy on the workplace injuries as well as the definition of time.
I'll give you a brief description of the matter mentioned in the question, according to the relevant news reports: March 2021 , Harbin, a heating company on duty janitor Ma, in the early hours of the morning on duty in the process of a sudden headache, and then sent to the hospital rescue, a few hours later was diagnosed as "brain death", can only rely on the respiratory to maintain breathing and heartbeat. And heartbeat, in order to work outside the daughter back to see her father's last look, Ma's wife need to make a decision: 48 hours to pull out the oxygen tube, the law can be recognized as a work-related injury; more than 48 hours, the likelihood is that will not be recognized as a work-related injury.
In the end, the wife waited until her daughter returned, *** with the decision to remove the oxygen tube, so that Ma clinical death, at this time from Ma hospitalized more than 61 hours. Eventually, Ma's death was local Human Resources and Social Security Bureau issued a "decision not to recognize work injury", then the family filed a lawsuit to the People's Court, was rejected by the court.
This allows people to see the thin side of the law, many netizens see this matter can not be accepted, but from the legal level, this indeed can not be recognized as a work injury,according to the "Work Injury Insurance Regulations," Article 15 : workers in the working time and work, sudden death or within 48 hours after The death of a worker who dies within 48 hours after resuscitation is regarded as a work-related injury.
In fact, in judicial practice, the definition of death is "cardiorespiratory death", but the continuous development of medical technology, even if the loss of cardiorespiratory function, or through the ventilator and other advanced medical equipment can maintain life, "brain death" of the statement also The first step in the process is to make sure that you have a good understanding of what is going on in your life and how it will affect your life.
So in most cases, including the case mentioned by the subject, the loss of cardiorespiratory fitness, the legal declaration of death is indeed more than 48 hours, Human Social Security Bureau and the court did not support the work injury recognition of the full legal provisions.
Some people say that there are also many cases of more than 48 hours was determined to be work-related injuries, but you have to realize that those are only individual cases, not universal, if the law are based on each person's situation to change at random, then there is no standard, the law has lost the role it should have.
The law on work-related injuries is that this "48 hours" is the most difficult barrier to the recognition of work-related injuries, so there are a lot of cases like Ma's, in the work time and workplace disease, because of the problem of time, can not be recognized as work-related injuries.
The Ministry of Human Resources and Social Security also made a reply in 2019, which roughly means that on the issue of recognizing work injuries, it is important to both consider the attributes of the system of work injury insurance and the current stage of the national situation, as well as to take into account the balance of interests between employing units and social security funds, and not to be expanded indefinitely. That's why this provision was made, and for those who are not recognized as work-related injuries, they can be covered through other social security channels in accordance with relevant regulations.
About the 48-hour limit in the recognition of work-related injuries, I think most people will think that there are obvious contradictions and deficiencies, in fact, I also think so, such a provision in practice will certainly lead to differences and problems. In this regard, the relevant departments should also attach great importance to the efforts to improve this system.