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Sharing on work-related injury recognition 18: If an employee with lung cancer dies suddenly from an illness while at work, can it be considered a work-related injury?

2016-10-18View Original

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Case Review: Cai is an employee of a certain company. In May 2014, Cai suddenly began spitting blood and collapsed at work; despite efforts to save him, he died on the same day. The hospital diagnosed his condition as sudden death, severe hemoptysis, and lung cancer.   Afterward, Cai’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 determined, in accordance with Article 15, Item (1) of the Work-Related Injury Insurance Regulations, that Cai’s case should be classified as a work-related injury (or death). Cai’s company disagreed with this decision, arguing that Cai already suffered from lung cancer before starting work, and that his sudden onset of vomiting blood and collapse at work was due to an exacerbation of his lung cancer, and therefore did not fall under the category of \"sudden illness\" as defined by the Regulations on Work-related Injury Insurance. As a result, the company filed an administrative lawsuit in court; both the first-instance and second-instance courts upheld the decision made by the local social insurance administration regarding the recognition of the 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 (or death).\\" Article 3 of the \"Opinions on Several Issues Concerning Implementation\" (Letter No. 256 from the Ministry of Labor and Social Security) clearly stipulates that the term \"sudden illness\" as referred to in Item (1) of Article 15 of the \"Regulations on Work-related Injury Insurance\" includes all types of illnesses.   In this case, Cai suddenly started spitting blood and collapsed at his workplace during working hours; despite being rushed to the hospital for emergency treatment, he died on the same day. This situation falls under the category of \"sudden illness\" as stipulated in the Regulations on Work-related Injury Insurance. In summary, the local social insurance administration department’s decision to classify Cai’s death as a death attributable to work is in compliance with relevant laws and regulations. Conclusion: This situation meets the criteria for work-related injury recognition.
Reply #22016-10-18
Both the workplace and the commute to work count.
Reply #32016-10-20
I’ve learned something new: getting injured while doing personal work during working hours is not considered an occupational injury. Dying from illness during working hours is considered an occupational injury. :lol

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