Wu Mou, a 28-year-old employee, died after being rescued for 4 1 hour, so how should the employee be compensated for his sudden death in the company?

How to compensate for the death of employees in the company? First of all, it is necessary to distinguish whether it is a work-related injury. The compensation standards for work-related injuries and non-work-related injuries are very different.

1. Is Xiao Wu's condition a work-related injury?

Work-related injury refers to the situation that the body is injured or suffers from occupational diseases due to work, which is regarded as work-related injury according to law. China's "Regulations on the Administration of Work-related Injury" lists the situations that constitute work-related injuries.

Xiao Wu, a 28-year-old employee, died suddenly in the company gym, not because of physical trauma, but because of a sudden illness.

Then it is necessary to distinguish whether Xiao Wu is an occupational disease or a sudden illness and death within 48 hours can be considered as a work-related injury.

China has enacted the Law on the Prevention and Control of Occupational Diseases and the Classification and Catalogue of Occupational Diseases, and classified occupational diseases into 10 and 132. These diseases involve the respiratory system, skin, eyes, ears, nose, throat and mouth.

Occupational diseases need to be recognized according to law. To be recognized as an occupational disease, the following conditions must be met: 1. The main body of the disease is the employees of enterprises, institutions or individual economic organizations; 2. It must be produced in the process of engaging in professional activities; 3. It must be caused by occupational hazards such as dust, radioactive substances and other toxic and harmful substances; 4. It must be an occupational disease listed in the occupational disease classification and catalogue published by the state.

Sudden death is generally sudden cardiac death. Judging from the current classification and identification conditions of occupational diseases, Xiao Wu's illness does not belong to the category of occupational diseases.

So can Xiao Wu's situation be regarded as a work-related injury? Article 15 of the Regulations on the Administration of Work-related Injury stipulates that anyone who dies of sudden illness or dies after being rescued within 48 hours shall be regarded as a work-related injury.

The problem is that although Xiao Wu was ill in the company, he suddenly died of illness while working out in the company gym. Does fitness count as working hours and work? It is generally believed that unless fitness itself is the work content, such as professional athletes. Xiao Wu's essential job is not fitness, so although he died of sudden illness, it was not a job and did not meet the situation of being identified as a work-related injury.

Second, how should Xiao Wu compensate?

Xiao Wu's condition should belong to non-work-related death. On February 22, 20021year, Ministry of Human Resources and Social Security and the Ministry of Finance jointly issued the Interim Measures for the Treatment of Survivors of Basic Old-age Insurance for Enterprise Employees, which stipulated that survivors of enterprises who died due to illness or non-work-related death could receive funeral grants and pensions.

The standard of funeral subsidy is calculated according to 2 times of the monthly per capita disposable income of urban residents in the province (autonomous region or municipality directly under the Central Government, hereinafter referred to as the province) where the insured died.

The pension standard is determined as follows: 1. On-the-job personnel (including those who are insured in their personal capacity, such as flexible employment), based on the monthly per capita disposable income of urban residents in this province in the previous year at the time of death, determine the number of payment months according to their payment years (including actual payment years and deemed payment years, the same below). If the payment period is less than 5 years, the payment period is 3 months; If the payment period is over 5 years but less than 10 year, the payment period is 6 months; If the payment period exceeds 10 year and does not exceed 15 year (including 15 year), the payment period is 9 months; If the payment period exceeds 15 years, the number of payment months will increase 1 month for each additional payment/year. If the payment period exceeds 30 years, the longest payment period is 24 months according to the calculation of 30 years. 2. For retirees (including those who have left their jobs), the monthly per capita disposable income of urban residents in this province in the previous year at the time of death is taken as the base, and the maximum number of payment months is determined according to the payment period when they are on the job (the calculation method is the same as that of on-the-job personnel), and the basic pension is reduced 1 month every full year, and the minimum number of payment months is 9 months.

If the insured person dies due to illness or non-work-related death, and the accumulated payment period is less than 5 years, the standard of survivors' treatment shall not exceed the sum of their individual contributions (flexible employees and other individuals who are insured in their personal capacity are included in personal accounts).

If Xiao Wu died purely non-work-related, his close relatives can enjoy funeral expenses and pension benefits.

Of course, according to news reports, Xiao Wu was arranged to work overtime for a long time, which led to Xiao Wu working overtime for a long time. So this situation, although it does not constitute a work-related injury, does it constitute infringement?

According to the provisions of the Civil Code, anyone who infringes upon the legitimate rights and interests of others due to fault shall bear tort liability. If the employer illegally arranges overtime, employees will be overworked and lead to sudden death. Then, first of all, it is the fault of the employer. If there is a causal relationship between Xiao Wu's death and overtime work, I think the employer should bear the tort liability. The employing unit shall, according to the degree of fault, compensate the funeral expenses, death compensation (including dependents' living expenses) and mental damages and other related expenses of the close relatives of the deceased according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases.