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 where she worked. 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.
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 work in this incident, lawyers believe 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 enterprise where female employees work has forced overtime or overtime arrangements.
Regarding whether it can be judged as a work-related injury, the lawyer said that the provisions of the Regulations on Work-related Injury Insurance on similar situations are mechanical and outdated, that is, only employees who suddenly die of illness during working hours and jobs or die after being rescued within 48 hours will be recognized as work-related injuries. 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.