工傷,這個算不算工傷?
問 我哥在打完下班卡沒出廠(chang)門鼻嘴(zui)流(liu)血死(si)亡,如果是自然死(si)亡,算工傷嗎?
答 【視同工(gong)(gong)(gong)(gong)(gong)傷(shang)(shang)】《工(gong)(gong)(gong)(gong)(gong)傷(shang)(shang)保(bao)險(xian)條(tiao)例(li)》第十(shi)(shi)五條(tiao)規定: (一)在工(gong)(gong)(gong)(gong)(gong)作時間和工(gong)(gong)(gong)(gong)(gong)作崗位,突發疾(ji)病(bing)死(si)亡(wang)(wang)或(huo)者在四十(shi)(shi)八小時之內(nei)經搶救(jiu)無效(xiao)死(si)亡(wang)(wang)的。 【因工(gong)(gong)(gong)(gong)(gong)死(si)亡(wang)(wang)】《工(gong)(gong)(gong)(gong)(gong)傷(shang)(shang)保(bao)險(xian)條(tiao)例(li)》規定:工(gong)(gong)(gong)(gong)(gong)傷(shang)(shang)職工(gong)(gong)(gong)(gong)(gong)親(qin)屬(shu)享受以下待(dai)遇(yu): (一)從工(gong)(gong)(gong)(gong)(gong)傷(shang)(shang)保(bao)險(xian)基金(jin)(jin)(jin)(jin)(jin)支付當(dang)地職工(gong)(gong)(gong)(gong)(gong)平(ping)均工(gong)(gong)(gong)(gong)(gong)資(zi)6個月的喪葬(zang)補助金(jin)(jin)(jin)(jin)(jin); (二)從工(gong)(gong)(gong)(gong)(gong)傷(shang)(shang)保(bao)險(xian)基金(jin)(jin)(jin)(jin)(jin)按(an)月支付供(gong)養親(qin)屬(shu)撫(fu)恤(xu)金(jin)(jin)(jin)(jin)(jin):配(pei)偶為(wei)本(ben)(ben)人(ren)(ren)工(gong)(gong)(gong)(gong)(gong)資(zi)的40%,其他親(qin)屬(shu)為(wei)本(ben)(ben)人(ren)(ren)工(gong)(gong)(gong)(gong)(gong)資(zi)的30%,孤(gu)(gu)寡老人(ren)(ren)或(huo)者孤(gu)(gu)兒按(an)照上述標(biao)(biao)準增加10%; (三)從工(gong)(gong)(gong)(gong)(gong)傷(shang)(shang)保(bao)險(xian)基金(jin)(jin)(jin)(jin)(jin)支付當(dang)地職工(gong)(gong)(gong)(gong)(gong)平(ping)均工(gong)(gong)(gong)(gong)(gong)資(zi)標(biao)(biao)準48至60個月一次性工(gong)(gong)(gong)(gong)(gong)亡(wang)(wang)補助金(jin)(jin)(jin)(jin)(jin)。 本(ben)(ben)人(ren)(ren)工(gong)(gong)(gong)(gong)(gong)資(zi)是指工(gong)(gong)(gong)(gong)(gong)傷(shang)(shang)職工(gong)(gong)(gong)(gong)(gong)受事故傷(shang)(shang)害前12個月平(ping)均月繳費工(gong)(gong)(gong)(gong)(gong)資(zi);本(ben)(ben)人(ren)(ren)工(gong)(gong)(gong)(gong)(gong)資(zi)標(biao)(biao)準不得(de)低(di)于當(dang)地職工(gong)(gong)(gong)(gong)(gong)平(ping)均工(gong)(gong)(gong)(gong)(gong)資(zi)的60%。供(gong)養親(qin)屬(shu)撫(fu)恤(xu)金(jin)(jin)(jin)(jin)(jin)由各省、自治區、直(zhi)轄市每年適(shi)時調整(zheng)。