Newly recruited staff died after two hours in job: can it be considered as work-related injury?

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At the end of October 2020, due to a tight schedule, a protective equipment company on Wanfeng Highway in Zhujing Town, Jinshan District, through an intermediary company in Songjiang, hurriedly recruited Mr. Li Mouwei, an operator from Henan. But two hours after entering the job, Mr. Li Mouwei suddenly fainted at work and became unconscious. He died after being sent to the hospital.

After the incident, the family members asked the company to give a one-time compensation of 1.4 million yuan. The company believes that Li has only been on duty for 2 hours and was still in the “trial phase”, can only be appropriately compensated from a humanitarian perspective.

According to Article 15 of the “Work Injury Insurance Regulations”, employees who die from sudden illnesses during working hours and at work positions or die within 48 hours after rescue failed are deemed to be considered as work-related injuries and enjoy work-related injury insurance benefits in accordance with the relevant provisions of these regulations.

In the end, under the mediation of the Jinshan District Judicial Office, both parties accepted that the work-related injury insurance paid more than 900,000 yuan and the company paid 50,000 yuan.

How can companies avoid the risk of compensation for employees due to work-related injuries?

In addition to timely payment of work-related accident insurance in social security, companies should also choose employer liability insurance and add legal liability clauses to the insurance policy.

What is employer’s liability insurance?

Simply, it refers to liability insurance that will cover any employers in event of staff’s work-related injuries, in accordance with the law.

It will cover any employee of the insured (employer) who suffers an accident, occupational disease or work injury caused by an accident, occupational disease, or work injury during employment. In the event of death, if the insured shall be liable for compensation for the injured or deceased employee in accordance with the law, we will compensate the insured for the legal liabilities and legal expenses that the insured shall bear in accordance with the provisions of the insurance contract.

If you are interested in employer’s liability insurance or want to confirm whether your existing contains is sufficient, please contact our team.