According to local media reports in Hangzhou, a 22-year-old girl, Hui Hui, was admitted to the hospital on July 9. Hui Hui, who stayed up late for four or five days and worked overtime until the early hours of the morning, died suddenly. Her heart stopped breathing when she was taken to the hospital by a colleague. After diagnosis and treatment, the girl once woke up and finally passed away on July 26. According to nine news videos, the girl's family said that she had symptoms of cold and chest tightness before the incident, and only took time off to rest at home at the urging of her father and the company she worked for. When Hui Hui was sent to the hospital for emergency treatment, the company paid 654.38+10,000 yuan in medical expenses in the form of IOUs, and stopped the rescue after raising tens of thousands of yuan.
Lu Xiao, deputy director of the emergency department of the Second Affiliated Hospital of Zhejiang University School of Medicine, said that he was confused when he received the emergency call at 3 am. "If you try your best to treat it, it may be a step or two." Speaking of the death of the girl Hui Hui, Lu Xiao, as the attending physician, deeply regrets. "It is a very painful thing to talk to family members (suggesting to give up treatment). I am very painful, and the family members of the patients are also very painful. "
Jiupai News contacted a media company involved in Hangzhou, and an employee said it was true. The reporter repeatedly called the company's legal person, but no one answered.
Jiupai News also called the Human Resources and Social Security Bureau of Binjiang District, Hangzhou, where the media company is located. The person in charge of his office responded that the Human Resources and Social Security Bureau has paid attention to this matter and many departments have been stationed to investigate the enterprise. If enterprises are found to violate labor laws and regulations, relevant departments will investigate and deal with them strictly and quickly according to the law. "We have been involved in the investigation and there is no final result yet."
Mr. Xu, his father, said on the short video platform that his family is in Shangrao, Jiangxi, and he is a low-income household. My son died in a car accident in 20 15, aged 23. In order to send her daughter to college, Mr. Xu worked as a nurse in the hospital and sent her daughter to college campus by loan. During the treatment, she received donations from many netizens, and finally Hui Hui, a 22-year-old girl, died unfortunately. Lawyer: It is difficult to identify it as a work-related injury, and it is also difficult to obtain compensation for non-work-related injuries.
Regarding the overtime behavior in this incident, Xia Hailong, a lawyer of Shanghai Shenlun Law Firm, believes that the Labor Contract Law clearly stipulates that employers should strictly implement the labor quota standards and may not force workers to work overtime or in disguised form.
The labor law also explicitly limits overtime to no more than one hour a day. If it is necessary to extend the working hours for special reasons, the overtime hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.
It is a serious violation of the law if the company where the female employee works has forced overtime or overtime arrangements. Regarding whether it can be judged as a work-related injury, lawyer Xia Hailong said that the provisions on similar situations in the Regulations on Work-related Injury Insurance are mechanical and outdated, that is, only employees who suddenly fall ill during working hours and jobs or die after being rescued within 48 hours will be recognized as a work-related injury. Therefore, if a girl dies after being rescued for more than 48 hours, it is almost difficult to identify it as a work-related injury.
The unit to which it belongs shall file an application for work-related injury identification with the social insurance administrative department within 30 days after the death of the girl. If it is found to constitute a work-related injury, the work-related injury insurance fund shall bear various subsidies and pensions in accordance with the regulations. It is difficult to get compensation unless it is finally determined that there is no work-related injury.