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Chapter 353 Can "Death from Overwork" Be Treated as a Work-related Injury
Tang was an employee of a certain textile factory. Due to the tight schedule and heavy tasks of a project, Tang worked continuously for two days and two nights. She was not in good health and finally died of overwork. Can Tang’s "death from overwork" be recognized? Is it considered a work-related injury?

The term "death from overwork" in our country is neither a legal definition nor a scientific definition of labor hygiene. This is because: ①There are many factors causing death. "Overwork" is only one of the causes of death, and "overwork" does not necessarily mean death, so the causality of death due to "overwork" is difficult to determine; ②The standard of "overwork" is difficult to quantify.The Labor Law has regulations on overtime work and physical labor intensity levels, but it is difficult to quantify the "overwork" standard for mental work; ③ "overwork" must occur in the process of productive labor.It is not the life phenomenon such as premature aging and sudden death mentioned in general medicine, and it is not the only factor leading to death, but "overwork" in "death from overwork" somewhat induces the occurrence of death.Although my country's "Trial Measures for Work-related Injury Insurance for Enterprise Employees" does not stipulate whether "death from overwork" is a work-related injury, the method states that death due to sudden illness due to work stress should be recognized as a work-related injury.The law should expand its interpretation on the issue of "death from overwork".Otherwise, it would be unfair to the deceased and their relatives to completely exclude "death from overwork" from work-related injuries.At the same time, from a long-term point of view, it is also not conducive to protecting the legitimate rights and interests of the majority of workers.

However, according to the relevant laws and regulations of our country, identifying work-related injuries is an important function of the labor and social security departments, and the people's courts cannot directly identify work-related injuries.Article No. 11 of my country's "Trial Measures for Work-related Injury Insurance for Enterprise Employees" stipulates: "After receiving the work-related injury report from the enterprise or the application for work-related injury insurance benefits from the employees, the labor administrative department shall organize the work-related injury insurance agency to conduct investigations and collect evidence, and make a decision within 7 days. The decision on whether to determine whether it is a work-related injury can be extended under special circumstances, but it must not exceed 30 days." Article [-] stipulates: "Workers with work-related injuries and their relatives or enterprises shall make work-related injury determinations made by labor administrative departments and work-related injury insurance agencies' treatment payment decisions. Those who refuse to accept it shall be dealt with in accordance with the relevant laws and regulations on administrative reconsideration and administrative litigation.” Therefore, whether Tang’s death can be recognized as a work-related injury should first be determined by the labor and social security department.If you are not satisfied with the work-related injury determination made by the labor and social security department, you can then handle it in accordance with the Administrative Reconsideration Law and the Administrative Litigation Law.

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For disputes over work-related injuries caused by "death from overwork", first of all, you can apply to the labor and social security administrative agency to determine whether it is a work-related injury.Those who are dissatisfied with the determination can submit an administrative reconsideration to the labor and social security authority at the next higher level; if they are still dissatisfied with the administrative reconsideration, they can file an administrative lawsuit in the local people's court.Secondly, the defendant can also bring a civil lawsuit to the people's court on the grounds of infringement and compensation.

(End of this chapter)