Summary: Sudden death during overtime work at home can be deemed work-related if work benefits the employer, involves genuine overtime, and illness directly correlates with work. Evidence must be preserved and claimed within a year.
Many employees are in the habit of continuing work on their computers after returning home from work. But have you ever wondered whether sudden death from an illness during overtime work at home can be identified as a work-related injury?
As early as 2017, the Supreme People's Court gave a clear answer in a classic case (Case No.: (2017) Zui Gao Fa Xing Shen No. 6467): sudden death from an illness during overtime work at home shall be deemed a work-related injury, as long as the work is performed for the employer's benefit.
In this case, Teacher Feng organized an evening study quiz for students, returned home at around 10 p.m., and had to grade math papers for two classes overnight. Unfortunately, he suffered a sudden illness and passed away. His family applied to the local human resources and social security bureau for work-related injury recognition but was rejected. They then appealed all the way to the Supreme People's Court for retrial, and finally got a fair judgment: Teacher Feng's death is deemed a work-related injury.
The Supreme People's Court pointed out that to determine what constitutes a "work post", the key is not the location where you work, but what you are doing and who you are doing it for. Working overtime at home is essentially to fulfill the job responsibilities of the employer and safeguard the employer's interests, which is not fundamentally different from working overtime in the office. Naturally, it falls under the scope of "working hours and work post". On this premise, sudden death from an illness shall be deemed a work-related injury.
Of course, this does not mean that all accidents occurring while "working at home" can be counted as work-related injuries. Generally speaking, three core conditions are indispensable:
1. The purpose of the work must be for the employer's benefit.
2. It must be genuine "overtime work", not "voluntary extra work". The two may seem similar, but there is a big difference. Genuine overtime work means the workload exceeds the normal working hours, and employees have to use their rest time such as evenings and weekends to finish it. Voluntary extra work means employees take work home to finish in advance even though it can be completed during normal working hours, which does not count as overtime work.
3. There must be a direct correlation between the sudden illness and the overtime work, with no excessive time interval. For example, the illness strikes during overtime work or immediately after overtime work ends. However, if someone works overtime until 11 p.m., then goes to sleep and rests, and falls ill at 3 a.m., the correlation will be insufficient since they have been out of the overtime state during this period, and it is highly probable that the case cannot be identified as a work-related injury.
Two additional points need special attention:
1. Simply replying to work messages via WeChat or phone occasionally does not count as overtime work.
2. Pay attention to protecting your rights in a timely and proper manner:
- Preserve all evidence immediately, including evidence of overtime work, medical records and death certificates.
- Submit the application and evidence to the human resources and social security bureau at the place where the employer is located within 1 year to apply for work-related injury recognition in a timely manner.
- Do not give up easily if you are dissatisfied with the result. If the human resources and social security bureau refuses to recognize the work-related injury, you can first apply for administrative reconsideration; if you are dissatisfied with the reconsideration result, you can file an administrative lawsuit with the court, just like Teacher Feng's family. Justice will eventually be served.
Relevant Laws and Regulations
1. Article 15, Paragraph 1, Item 1 of the Regulations on Work-Related Injury Insurance: If an employee dies of a sudden illness or dies after rescue fails within 48 hours while working during working hours and at the work post, it shall be deemed a work-related injury.
2. Article 9 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-Related Injury Insurance (III): Where an employee works from home in accordance with the employer's arrangement, and there is sufficient evidence to prove that the employee suffered accidental injury due to work reasons during home-based work, the fact that the work is performed at home shall not affect the recognition of work-related injury. If the applicant has sufficient evidence to prove that handling work at home is carried out in accordance with the employer's work requirements and needs, and is basically consistent with the daily work intensity and work status, obviously occupying the employee's rest time, it may be regarded as "working hours and work post".
Note: The Chinese version of this article is also provided for your reference today.
No comments:
Post a Comment