May 7 News: Yesterday at around 5 AM, at a construction site in the North District, workers found that the contractor had not gotten up. They went to his living quarters to check and found he was unresponsive to calls, so they immediately dialed 120 for emergency services. However, the contractor died after rescue efforts failed. Workers at the scene reported that the contractor might have died from overwork. The specific cause of death is pending further police investigation.
Tip-off
A construction worker found dead
At around 6 AM yesterday, a citizen called our newspaper to report that while passing a construction site in the North District, he saw an ambulance near the site. He learned that a worker at the site had gone to sleep the night before and had not woken up by the next morning. His coworkers called him but got no response, and he was subsequently taken to Subei Hospital for treatment.
When the reporter arrived at the emergency room of Subei Hospital, they learned that the person had no vital signs after rescue efforts, and the doctor had confirmed death. Outside the emergency room, the reporter saw several workers in work uniforms, speaking with two police officers in a non-local accent, and some workers were shedding tears. One middle-aged woman told the police that her family was on their way to Yangzhou.
A police officer explained to her that preliminary investigations showed no signs of external force causing death, but the exact cause of death is still unclear and requires further examination.
Account
Said 'too tired' before bed, didn't get up in the morning
At the scene, a worker in his 20s told the reporter that they all came from Jiangxi to work in Yangzhou and were working at a construction site in the North District. The deceased, surnamed Sun, was in his 40s, a relative of his, and the 'contractor' for these workers, who had all come to work at this site under him. Normally, after work, they would wash up before sleeping, but the night before, Mr. Sun said he was 'too tired' and went to sleep first, without washing off the dirt and without even taking off his clothes. Yesterday at around 5 AM, everyone got up to prepare for work but found that Mr. Sun had not appeared. The worker said that he used to get up with everyone, sometimes even earlier. Feeling puzzled, they went to his living quarters to check and found him unresponsive in bed. The coworkers quickly called for emergency services.
A middle-aged woman revealed to the reporter that she suspected the cause of death was related to fatigue. She said they worked from around 5 AM to 6 PM every day, with almost no rest time except for meals. They had asked the company for a day off, but due to the construction schedule, they couldn't rest. This intensity of work had lasted for more than 10 days. Just two days ago, her husband also suddenly fell into a coma while sleeping and only recovered after she called out loudly.
According to reports, when they arrived at the hospital, they needed to pay medical expenses, and the coworkers pooled together money, some giving 100, others 50, to cover the costs. The woman also said that the deceased had three children and elderly parents at home. When his wife and mother heard the bad news over the phone, they fainted from shock.
■ Legal Link
How can migrant workers defend their rights in cases of 'death from overwork'?
During the interview, many workers expressed their belief that the deceased died from excessive fatigue. If it is indeed 'death from overwork' as they say, how can they defend their rights?
The reporter checked information and learned that if there is evidence proving death occurred during working hours, at the workplace, and due to work reasons, it constitutes a work-related injury, and the family can demand work-related injury compensation. If sudden illness occurs during working hours and at the workplace, leading to death or death within 48 hours after rescue efforts fail, according to Article 15 of the 'Regulations on Work-Related Injury Insurance', it should be considered a work-related injury. If it is merely death due to illness or non-work-related causes, the family can request the employer to handle it according to Article 14 of the 'Labor Insurance Regulations': 'When workers and staff die due to illness or non-work-related injuries, a funeral subsidy shall be paid from the labor insurance fund, amounting to one month's average wage of all workers and staff of the enterprise. In addition, from the labor insurance fund, based on the length of service in the enterprise, a relief payment shall be paid to the dependent direct relatives, amounting to three to twelve months of the deceased's own wage.' That is: 'When workers and staff die due to illness or non-work-related injuries, die after retirement due to old age, or die after retirement due to non-work-related disability with complete loss of labor capacity, according to the provisions of Article 14, Clause B of the Labor Insurance Regulations, in addition to paying two months' average wage of the enterprise as a funeral subsidy from the labor insurance fund, a one-time relief payment shall be paid to the dependent direct relatives from the labor insurance fund as follows: for one direct relative, six months of the deceased's own wage; for two, nine months; for three or more, twelve months.'
Article 36 of the 'Labor Law' stipulates that the state implements a working hour system where workers work no more than 8 hours per day and an average of no more than 44 hours per week; Article 38 stipulates that employers shall ensure that workers have at least one rest day per week; Article 41 stipulates that employers may extend working hours due to production and business needs after consultation with the trade union and workers, generally not exceeding one hour per day; if special reasons require extended working hours, under the condition of ensuring workers' health, the extended working hours shall not exceed three hours per day, but not more than 36 hours per month; Article 90 stipulates that if an employer violates the provisions of this law by extending workers' working hours, the labor administrative department shall give a warning, order correction, and may impose a fine.