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Judicial interpretation of Article 15 of the Regulations on Work Injury Insurance?

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Judicial interpretation of Article 15 of the Regulations on Work Injury Insurance?


        

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  • 2024-06-14 03:00:48

    Judicial interpretation of Article 15 of the Regulations on Work Injury Insurance? Article 15 of the Regulations on Work Injury Insurance Judicial Interpretation Article 15 of the Regulations on Work Injury Insurance Where an employee has one of the following circumstances, it shall be deemed as a work injury: (1) In working hours and positions, he died of sudden illness or died of invalid rescue within 48 hours; (2) Those who are injured in activities of safeguarding national interests and public interests such as rescue and disaster relief; (3) An employee who was formerly serving in the army and was injured and disabled in war or on duty, has obtained a revolutionary disabled soldier certificate, and has suffered a recurrence of old injuries after arriving at the employer. In case of any of the situations mentioned in Items (1) and (2) of the preceding paragraph, the staff and workers shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; In case of the circumstance mentioned in item (3) of the preceding paragraph, employees shall enjoy work-related injury insurance benefits other than one-time disability subsidies in accordance with the relevant provisions of these Regulations. 1. The so-called "working hours" refer to the time when workers work in accordance with the legal provisions, the unit system or the temporary work arrangement of the unit, and the unit of measurement is the working days or working hours. The concept of working hours is mainly different from the concepts of rest days, holidays and after work rest periods. It is from the legal system level, rather than from the actual behavior effect level. To take an extreme example, even if employees have a good sleep during working hours, working hours still belong to working hours rather than rest time. This is the concept of working time, which is a concept at the level of legal system. Generally speaking, the time that the legal system arranges for employees to engage in work is not the time period actually consumed in the work process, so it has nothing to do with the specific work behavior itself. 2. The so-called "work post" refers to the position and state of labor. It is composed of various factors such as type of work, position, work place and work time. 3. "Within 48 hours" refers to the initial diagnosis time of the medical institution as the starting time of the sudden disease. For example, the staff of a forest park suddenly fainted during working hours, and after 30 hours of mountain transportation, they were sent to the hospital. They died after 36 hours of coma in the hospital. Then, the starting time of the case "within 48 hours" is from the time when the patient was sent to the hospital for the first diagnosis. This case meets the time conditions. Do you understand this explanation?

    Hu***

    2024-06-14 03:00:48

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