Work-related injury case study 17: Death from a sudden illness before reaching the work site – can it be classified as a work-related injury?

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Case Review: Gong is an employee of a certain company. Around 5 a.m. in early November 2014 (the company’s regular working hour started at 7 a.m.), Gong drove his own vehicle to the company. While parking in the factory’s parking lot, he suddenly fell ill and died within 48 hours despite attempts to save him. 　　Afterward, Gong’s family filed an application for work-related injury recognition with the local social insurance administration. After conducting an investigation, the local social insurance administration, in accordance with Article 15, Paragraph (1) of the Work-Related Injury Insurance Regulations, decided not to recognize Gong’s injury as a work-related injury. Gong’s family was not satisfied and filed an administrative lawsuit with the local people’s court; both the first-instance and second-instance courts upheld the decision made by the social insurance administration department to deny recognition of it as a work-related injury. Case Analysis: Article 15, Paragraph (1) of the Regulations on Work-related Injury Insurance stipulates that \"in cases where an employee dies suddenly from an illness while at work and at his or her workplace, or dies within 48 hours despite emergency treatment, it shall be regarded as a work-related injury.\" ” 　　According to the investigation, in this case Gong arrived at the workplace about 2 hours earlier than his usual starting time. The company’s evidence showed that Gong’s early arrival was not for work-related reasons and did not fall within the reasonable range of working hours. Moreover, Gong fell ill while still in his own vehicle, without leaving it, so he cannot be considered to be at his work location. “Dying from a sudden illness at work or during working hours, or dying within 48 hours despite attempts to save them, is already considered an injury at work; this reflects the protection of the interests of workers as a vulnerable group, and such provisions should not be extended indefinitely. 　Conclusion In summary, the local social insurance administration department’s decision not to recognize Gong’s injury as a work-related injury is in compliance with legal provisions.