How to understand Article 4 1 of the Regulations on Industrial Injury Insurance?

Article 41 of the Regulations on Work-related Injury Insurance provides for the treatment of employees whose whereabouts are unknown during emergency rescue and disaster relief or going out on business.

Article 41 of the Regulations on Work-related Injury Insurance stipulates that if an employee goes out for work or his whereabouts are unknown during emergency rescue and disaster relief, he will be paid wages within three months from the month of the accident, and wages will be stopped from the fourth month, and the pension for supporting relatives will be paid monthly by the work-related injury insurance fund. Life is difficult, you can advance 50% of the one-time work death subsidy. If an employee is declared dead by the people's court, it shall be handled in accordance with the provisions of Article 39 of this Ordinance on the death of an employee due to work.

When an employee goes out for emergency rescue and disaster relief and has an accident or his whereabouts are unknown, it refers to the circumstances stipulated in Item 5 of Paragraph 1 of Article 14 and Item 2 of Paragraph 1 of Article 15 of the Regulations.

Missing refers to the situation that there is no news after leaving the last place of residence. In order to protect the interests of interested parties, the regulations stipulate that the immediate family members of employees injured at work can enjoy the death treatment of some employees injured at work, although their life and death are in an uncertain state. It should be noted that although there are citizens whose whereabouts have been unknown for two years in our country, the relevant stakeholders can apply to the people's court for declaring their disappearance according to the law, but the immediate family members of employees who have an accident during going out or whose whereabouts are unknown during emergency rescue and disaster relief enjoy the relevant treatment, not as a procedural requirement to declare their disappearance, but as required from the month when the accident occurred and the employee's news disappeared.

Declaring death means that the employee's whereabouts are unknown due to the accident, and his spouse, parents, children and other interested parties may apply to the people's court for declaring his death from the date of the accident. Workers or citizens whose whereabouts are unknown for a long time will be in an unstable state for a long time, which is not conducive to the adjustment of social relations. Therefore, the establishment of the legal system of declaring death is to maintain the normal social life order and declare the long-term missing workers dead, and the related rights and obligations can be treated equally after their physical death. Specific to the field of work-related injury insurance, from the date when an employee is declared dead, the immediate family members and dependent relatives of the employee can receive funeral subsidies, dependent relatives' pensions and one-time work-related death subsidies in accordance with the provisions of Article 39 of the Regulations. If the person declared dead reappears or is determined not to be dead, the people's court shall cancel the declaration upon the application of himself or an interested party. According to the General Principles of the Civil Law and relevant laws, after a citizen or employee is revoked or declared dead, the relevant interests can be restored to the original state. According to this regulation, the immediate family members and dependent relatives of employees whose deaths have been revoked can no longer enjoy the treatment stipulated in Article 39 of the Regulations.

Annex: Regulations on Industrial Injury Insurance

Fourteenth employees in any of the following circumstances, should be identified as work-related injuries:

(1) Being injured by an accident during working hours and in the workplace;

(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;

(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;

(4) Suffering from occupational diseases;

(five) during the business trip, injured or missing due to work reasons;

(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;

(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

Fifteenth employees in any of the following circumstances, as a work-related injury:

(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;

(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;

(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer.

Employees who fall under the circumstances mentioned in Items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these Regulations; In case of item (3) of the preceding paragraph, the employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these regulations.