Engineers at work due to rescue a heart attack is not inductrial injury
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Sources: nanhai nets 2011 March 25 07:41 me two sentences (0) copy link medium sized print medium YanZhaoXiong shenzhen evening news reporter reports from the husband bang already more than half a year, his wife for its ms deng in travel: although LiuHaiKe legacy for "in office time confirmed disease dies" emergent cubicle, but for a long time, rescue human resource and social security bureau, shenzhen that its not inductrial injury, unable to get inductrial injury compensation.
Previously, deng lady once the people's court to mention lawsuit of futian district, shenzhen city, demanding change human resource and social security bureau, but that lose related. Yesterday afternoon, the case in shenzhen intermediate people's court of second session. On that day, the court to still need comprehensive review material, citing an adjournment election court again.
Emergent disease then death at work
Bang is baoan district fuyong street advanced semiconductor materials (shenzhen) Co., LTD. The senior engineer, worked nearly nine years. On August 4, 2010 at noon, he after lunch return workshop continue to work. Salary shows that after three months, its overtime time is respectively: 93 hours, now 82.5 hours, 128 hours. Miss deng said, her husband said, because drive before project, recently overtime very tired.
Bang in the company, emergent disease 9:05 was later sent to people's hospital, admission fuyong 35 hours later, bang rescue appear "spontaneous breathing stops" symptoms. 17 August 7, when 50, bang heart stopped. His death, hospital announced
"The existing evidence, bang is go to work in time, work place sudden illness then death." Human resource and social security bureau, relevant personnel in court confirmed.
Rescue 77 hours into inductrial injury obstacles
August 20, 2010 LiuHaiZhi die, shenzhen, according to human resource and social security bureau for the inductrial injury that data fuyong. But miss deng does not endorse. Miss deng then in futian people's court administrative litigation, but losing.
Ms deng in the second court yesterday, said a long time before the bang, and his long-term overtime 35 hours after the rescue to stop breathing symptoms appear, law has a regulation "in working hours and jobs, sudden death or disease in 48 hours after the rescue invalid death" can maintain for inductrial injury, look from the humanized law enforcement, should according to inductrial injury win compensation.
City human resources and social security bureau concerned personnel, explain, bang "set the terms of inductrial injury is not." He said that death, breathing ceases not standard, and on the breathing stops after 35 hours, hospital is still in active in the salvage till its heart stops beating. "Bang does not conform to the provisions of 48 hours." rescue invalid The researchers said.
The judge declared election court again
City human resources and social security bureau of guangdong province, said the latest "byelaw of inductrial injury insurance" actually have definite regulations. According to "48 hours after the rescue invalid death" is "the regulations shall be regarded as inductrial injury," i.e., that already do regulations for inductrial injury to the broad laborer explanation.
He said, first of all we should distinguish the inductrial injury and medical treatment, medical treatment is their disease, should take the consequences, inductrial injury is others not to perform its obligations and cause damage and even death. He went on to point, because in the work of sudden death, induce many factors, so regulations, belong to sudden death, can maintain for inductrial injury, considering other conditions, such as "karoshi," and the world health organization to "karoshi" have died after 24 hours, so the limited regulations again complement "48 hours of death disables rescue" can be regarded as inductrial injury. "Law bouncy, we can have the discretion, but the law is very clear, we should the administration by law." He said.
Yesterday afternoon, the judge said, the court is still need comprehensive review material for Richard, announce an adjournment, election court session again. Ms deng and the subsequent city human resource and social security bureau in court, she repeatedly communicate personnel expressed hope that "human law enforcement." |
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By :
Jessie Stone
Submitted
2011-04-06 17:43:59 |
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