Hangzhou 22 -year -old girl died suddenly after overtime, lawyer: rescue for more than 48 hours, it is difficult to get compensation

Author:Nine Pai News Time:2022.07.28

【Source: Nine Pai News】

"Press again, the thorax will fall, let her go quietly." On the short video account of the doctor Lu Xiao, he said to Hui Hui's father. In the face of the choice of giving up treatment, the girl's father covered her head and did not answer for a long time.

According to local media reports in Hangzhou, on July 9, the hospital took a 22 -year -old girl Huihui. Huihui, who stayed up late for four or five days, had died suddenly in the early morning. When he was sent to the hospital, he had a heartbeat and breathing arrest when he was sent to the hospital. After diagnosis and treatment, the girl once woke up and eventually died unfortunately on July 26.

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Huihui in the ward. Picture source/doctor short video account number

[1] Girls' house is a subsistence allowance, and her daughter is sent to college by relying on a loan

According to the Jiupai News video report, the girl's family said that she had a cold and chest tightness symptoms before the incident who stayed up late for a long time. With the urging of her father and the company, she took a leave to rest at home. When Huihui was taken to the hospital for rescue, the company paid 100,000 yuan in medical expenses in an IOU, and no longer helped after raising tens of thousands of yuan.

Lu Xiao, deputy director of the emergency department of the Second Affiliated Hospital of Zhejiang University Medical College, said that he received an emergency phone call at three in the morning, and his brain was confused. "Try to treat treatment may be one or two steps (can be rescued)." Talking about the death of girl Huihui, Lu Xiao, who was the attending physician, deeply regretted that "talking to family members (recommended to give up treatment) is a pain In pain, the patient's family is also very painful. "

Jiupai News contacted a media company involved in Hangzhou, and one employee said it was true. The reporter repeatedly called the company's legal person phone number, and no one answered.

Jiupai News also called the Hangzhou Binjiang District Human Resources in Hangzhou City, where the media company is located, in the Social Security Bureau. The person in charge of its office responded that the Human Resources and Social Affairs Bureau has paid attention to the matter and multiple departments have entered the investigation of the enterprise. If the company is found to have violated labor laws and regulations, the relevant departments will investigate and deal with them in accordance with laws and regulations, "we have been involved in the investigation, and there is no final result."

Hui Hui's father, Mr. Xu, said on the short video platform that his family was in Shangrao, Jiangxi, and was a low -guarantee household. His son died in a car accident in 2015 at the age of 23. For her daughter for college, Mr. Xu once worked as a caregiver at the hospital and relied on a loan to send her daughter to the university campus. During the treatment, he received donations from many netizens, and finally the 22 -year -old girl Huihui died unfortunately.

[2] Lawyer: It is difficult to identify as working injury, and non -work injury is difficult to get compensation

Regarding the overtime behavior in the incident, Xia Hailong, a lawyer of Shanghai Shenlun Law Firm, believes that the "Labor Contract Law" clearly stipulates that employers should strictly implement the labor quota standard and must not force or forced workers to work overtime.

"Labor Law" also clearly restricts the daily restrictions on overtime duration. If the working time needs to be extended, the working time is required for special reasons. Under the condition of ensuring the health of the workers, the daily overtime must not exceed three hours, and the month must not exceed 36 per month. Hour.

If the company where female employees are in are forced to work overtime or overtime, they are serious illegal acts.

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Diagnosis certificate. Tuyuan girl father short video account number

Regarding whether it can be judged as a working injury, Lawyer Xia Hailong stated that the "Regulations on Work Injury Insurance" is relatively mechanical and old in similar conditions, that is, only the death of employees died in working hours and jobs. If you die, you will be regarded as a working injury. Therefore, if the girl died for more than 48 hours, it was almost difficult to be identified as a work injury.

The unit shall submit an application for work injury identification to the social insurance administrative department within 30 days from the death of the girl. If it is determined to constitute work injury, the work injury insurance fund shall bear various subsidies and pensions in accordance with regulations. If there is no unreasonable injury, it is difficult to get compensation.

Jiupai journalist Ma Xiao

[Breaking news] Please contact the reporter WeChat: linghaojizhe

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