Wang Zhiyou (pseudonym) is the sales director of a daily necessities company, and working overtime is Wang Zhiyou's daily work status. ** And live streaming and other new models of the model is becoming increasingly hot, online sales has become one of the company's main sales channels, the emergence of the double 11 shopping festival, is the fierce battle of the merchants, Wang Zhiyou's company is no exception, the company wants to take advantage of this opportunity to create new achievements. As Double 11 approaches, Wang Zhiyou's department needs to formulate various plans for research. On the afternoon of October 20, Wang Zhiyou felt a little tired and uncomfortable, so he asked for leave to go home to rest, and informed his department employees that the discussion meeting originally held at 4 p.m. was changed to a ** meeting at 7 p.m., and he attended it at home. At 7 p.m., the ** meeting started on time. After that, at about 10 o'clock in the evening, Wang Zhiyou was still discussing problems with his subordinates through the Internet on the computer. At about 10 o'clock in the evening, Wang Zhiyou's wife found Wang Zhiyou lying motionless in front of the computer, and immediately dialed the 120 emergency center**, and Wang Zhiyou had no breathing and heartbeat when the emergency personnel arrived.
Wang Zhiyou's wife asked the company to apply for a work-related injury determination for Wang Zhiyou, but the company refused to handle it for her.
The company believes that the place of Wang Zhiyou's death was at home, not at the company. Secondly, Wang Zhiyou felt unwell and did not seek medical treatment in time, but went home to rest by himself, so it did not meet the conditions of being regarded as a work-related injury, and the company could not apply for a work-related injury determination for him.
After the company refused to apply for work-related injury recognition for Wang Zhiyou, Wang Zhiyou's wife directly submitted an application for work-related injury recognition to the relevant administrative department.
The Bureau of Human Resources and Social Security made a determination of work-related injury and determined that Wang Zhiyou's death met the requirements of Article 15, Paragraph 1 of the Regulations on Work-related Injury Insurance, and was deemed to have died on the job.
Lawyer's comments, 1. The basis for the determination of work-related injuries by the Human Resources and Social Security Bureau is the "Regulations on Work-related Injury Insurance", which stipulates that if an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue is ineffective, it is regarded as a work-related injury.
2. Sudden illness and death at the working time and place specified by the unit is regarded as a work-related injury, but for the benefit of the unit, taking the work home and occupying personal time to continue working is also for the benefit of the unit, and the rights of sudden illness and death during this period should be protected.
3. Employees work overtime at home in order to complete their job responsibilities, which should of course belong to the "working hours and work positions" stipulated in Article 15.
4. In this case, Wang Zhiyou had no breathing and heartbeat when he was found, which was a sudden illness and death, and Wang Zhiyou's behavior of holding a departmental meeting at home was obviously for the benefit of the company, and should belong to the situation of "work", and the time of his illness and death occurred during his overtime work at home. Therefore, the Human Resources and Social Security Bureau determined that Wang Zhiyou's death was regarded as a work-related death. Your likes are the greatest encouragement to the author!The article is updated every day, please pay attention and continue to share, thank you !!