In the last two days, I was screened by the incident of "Hangzhou girls staying up late and working overtime". When I learned more about things, I was more and more moved by the girl's "not easy". As I was in my youth, I was burdened with great pressure, selfless dedication to my family and positive optimism about life, which touched everyone. I tried to "change my life against the sky", but I died suddenly because I stayed up late for a long time.
The relevant media introduced this matter like this. "Recently, a 22-year-old girl in Hangzhou stayed up late to work overtime for four or five days, and suddenly lost consciousness while resting at home. She was once sent to the emergency ICU for rescue, which attracted the attention of netizens. For the relevant follow-up treatment, the girl niece said that the family members had contacted the company's legal affairs, and the legal affairs clearly stated that they were not responsible. If you want to apply for compensation for work-related injuries, you need to take legal channels. "
The girl was actually rescued for six days before she died, but she didn't come back in the end, so her parents were heavily in debt. After her death, her parents were so sad and unwilling that they decided to claim compensation for work-related injuries. However, the relevant person in charge of the company asked them to find legal affairs, and the legal affairs clearly stated that they were not responsible.
Next, the girl's family may only seek help through legal channels. So is the sudden death of employees working overtime a work-related injury? Is the company responsible for this?
Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed as a work-related injury in any of the following circumstances:
(1) Being injured by an accident during working hours and in the workplace;
(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;
(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;
(4) Suffering from occupational diseases;
(five) during the business trip, injured or missing due to work reasons;
(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;
(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be regarded as a work-related injury in any of the following circumstances:
(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;
(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;
(3) An employee who was formerly in the army and was disabled due to war or work has obtained a disabled serviceman's certificate, and his old injury recurs after going to the employing unit.
According to the girl's specific situation (she was unwell on July 5th, went to the hospital on the 8th, and died on the 26th, and her working hours met the requirements), it may not be a work-related injury. Moreover, from the notice issued by the relevant departments yesterday, it can be seen that at present, enterprises are considered to have irregular behaviors in employment management, and others need further judgment.
Like my friends, I sympathize with the girl and the family very much, but everything has a legal basis. Whether it is judged as a work-related injury ultimately depends on how the court judges it. Here, I also remind you not to stay up late. "Health is the capital of the revolution." How can we make more money without "capital"?