[Direct answer]The responsibility cannot be simply attributed to the company. It is necessary to first determine whether the team-building activity constitutes a reasonable extension of working hours, and then apportion it according to the faults of each participant. If the activity is organized by the unit, involves attendance or task requirements, and the employee falls ill during the time related to their position, the family can apply for recognition as a work-related injury according to the "Regulations on Work-related Injury Insurance" (amended on December 20, 2010). If the activity is purely a voluntary dinner and the unit has fulfilled its obligations of providing safety warnings and prompt medical treatment, it is more likely to be handled as a general tort case, with the organizers, venue operators, or those who delayed treatment being held liable according to their respective faults. Whether the claim can be established depends on whether the emergency medical records, activity notifications, attendance records, and on-site images can form a closed loop. It is recommended to first secure the relevant materials, and then decide whether to file a work-related injury claim or a tort lawsuit. The evidentiary subjects and compensation items of the two paths are different from each other.

I. Problem Background and Typical Scenarios

The starting point of disputes over sudden deaths during team-building activities is often an event notice and an untraceable timeline. Common scenarios are that the unit issues arrangements for outreach activities, mountain climbing, group dinners, or ball games through administrative or departmental channels, and employees gather according to the notice. During or shortly after the event, some employees experience chest tightness, fainting, or loss of consciousness. After colleagues call for help, they are transferred by ambulance and declared clinically dead after emergency resuscitation fails. The families then face not only the question of who should compensate, but also the question of compensation based on what relationship: whether the activity is considered an extension of work, a company welfare event, or a spontaneous gathering of employees, which directly determines whether to pursue work-related injury identification or litigation for infringement. Along this main line, not just the company but also the human resources department issuing the notice, the middle-level managers leading the activities, the outreach companies responsible for execution, the venue operators, the catering service providers accompanying the event, and the colleagues who noticed abnormalities but failed to call for help in time may all be involved in the dispute. The disputes typically focus on three aspects: whether the notice carries a coercive or assessment nature, whether the intensity of the activity matches the employees' physical examination results, and whether there were avoidable delays between the onset of symptoms and the transfer to the hospital. Many families initially only focus on the unit's attitude and ignore materials scattered among different parties, such as the original event notice, the sign-up list, the attendance sheet, and the on-site surveillance footage. Only when the negotiation breaks down do they retrospectively gather evidence, only to find that some video footage has been overwritten and group messages have been withdrawn. Reconstructing the timeline from gathering, activities, onset of symptoms, calls for help, transfer to the hospital, and resuscitation is the basis for all subsequent claims.

II. Key points of contention

The first point of contention is the nature of the legal relationship. Whether the team-building activity constitutes an extension of working hours and duties determines whether the provisions on deemed work-related injuries under the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010) can apply. If it is identified as a purely voluntary social event, the basis of the claim shifts to the tort compensation rules in Article 1179 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021). The evidentiary standards, compensation items, and liability principles of the two systems are completely different. The second point of contention concerns the proof of fault and causality. Even if the employer organized the activity, it is necessary to examine whether they provided health warnings commensurate with the intensity of the activity, arranged necessary emergency safeguards, and called for emergency assistance within a reasonable time after the incident. Conversely, if the deceased had undisclosed underlying diseases or if there was no medical connection between the incident and the activity, the employer's liability ratio would be correspondingly reduced. The third point of contention relates to the allocation of evidentiary burden. Family members must prove the nature of the activity, the damage consequences, and the initial connection, while attendance records, notifications, registration records, and surveillance footage are often controlled by the employer or venue operators, creating an imbalance in evidence availability. In practice, it is often necessary to rely on investigative evidence collection, evidence preservation, or ordering the production of evidence to break the deadlock. The fourth point that is often overlooked concerns the liability forms among multiple parties: organizers, venues, and executors have different obligations. Whether it is joint and several liability or joint liability must be determined based on their respective faults and causal contributions, rather than requiring a single party to bear full responsibility. These four points are interrelated. Courts typically first determine the legal relationship, then assess fault and causality, and finally calculate compensation items and liability ratios.

III. Professional analysis by Hengluo Lawyers

When handling such disputes, Henglu Law Firm organizes the materials according to four categories: activity attributes, treatment process, damage consequences, and parties' obligations, and then compares them one by one. For the activity attributes category, we need to retrieve the original notification, registration or check-in records, whether the attendance or performance is counted, the party responsible for the expenses, transportation arrangements, and whether it is clearly marked as voluntary participation. These details determine whether the team-building event is more like a work arrangement or a staff gathering. The treatment process category is the core of the timeline: the 120 emergency call record, pre-hospital emergency medical records, arrival and departure times, on-site treatment records, emergency triage and rescue records, electrocardiograms, medication and defibrillation records, duration of rescue, and death certificate (inference). In sudden death cases, the interval from onset to first medical contact is often a quantitative indicator of whether there was a delay. The lack of any of these nodes can break the causal chain. For the damage consequences category, we need to organize previous physical examination reports, outpatient medical records, and medication records for basic diseases to distinguish the contribution of the activity intensity and the individual's own diseases. For highly contested cases, we can apply for a cause-and-effect or death investigation, and the appraisal opinion will provide a medical judgment. For the parties' obligations category, we need to check the qualifications and safety plans of the organizing company, whether the venue is equipped with emergency equipment and personnel, and whether the team leader has received emergency training. The claims of both parties are usually conflicting: the family emphasizes that the activity was organized by the company under coercion or disguised as a performance evaluation, with an intensity beyond what ordinary people can withstand, and no timely rescue after onset; while the company defends that the activity was voluntary, the disease was caused by the individual's own factors, and it immediately sent the victim to the hospital and paid the expenses. The court's determination logic is generally to first determine the nature of the legal relationship, then verify items such as funeral expenses, death compensation, dependents' living expenses, and mental damage compensation according to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" (amended on February 15, 2022), and finally divide the burden of liability among the parties according to the proportion of fault and the degree of causation. Only by aligning the appraisal opinion with the complete timeline can the claims stand up.

IV. Practical Suggestions and Legal Basis

The legal basis can be understood in layers: work-related injuries and benefits are governed by the "Regulations on Work-related Injury Insurance" (amended on December 20, 2010), the items and scope of compensation for infringement are based on Article 1179 of the "Civil Code of the People's Republic of China" (effective on January 1, 2021) and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases" (amended on February 15, 2022), the cost burden refers to the "Method for Payment of Litigation Costs" (effective on April 1, 2007), and the procedures and time limits apply to the "Civil Procedure Law of the People's Republic of China" (amended on December 24, 2021 and effective on January 1, 2024). In practice, the first step is to consolidate all scattered materials at once: activity notifications and registration records, attendance and scheduling, on-site photos and videos, surveillance footage, complete medical records from 120 and emergency departments, death certificates, past physical exam and medication records, expense receipts, and written communications with the employer. The second step is to clarify the basis of the claim and the opposing party, confirming whether to apply for work-related injury recognition to the social insurance administrative department or file a lawsuit for infringement in court, and checking jurisdiction and statutory time limits. While both approaches can be evaluated sequentially, it is not advisable to claim the same items repeatedly in the same lawsuit. The third step is to prioritize negotiation or apply for mediation, focusing on liability ratios and item calculations. If negotiations fail, legal complaints, arbitration, or litigation can be pursued. For cases involving large amounts, multiple parties, or requiring expert appraisal, it is recommended to engage professional lawyers to organize evidence collection and appraisal applications. For a systematic review of such judicial interpretations, please refer to our firm's materials.Personal Injury and Medical Disputes Special TopicA list of the materials that have been organized. Keep a record of the entire process to avoid oral promises replacing written records.

5. Henglu Law Firm's Advice

When facing such sudden disputes, it's most taboo to first discuss the amount of compensation and then provide evidence later. Here are three tips: 1. **Preserve key materials early**: CCTV footage has a storage period, group messages can be withdrawn, and there's a time lag in supplementing emergency medical records. The earlier you preserve critical materials, the more complete they will be. If necessary, apply for evidence preservation. 2. **Calculate statutes of limitations**: There are legal deadlines for work-related injury identification applications, dispute resolution, and infringement lawsuits. The Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024) stipulates time limits for ordinary and summary procedures, which directly affect scheduling. Missing these deadlines may lead to losing remedies even if the case is legally justified. 3. **Rationally assess**: Compare claimable items, potential liability ratios, and appraisal and litigation costs in a single table to set negotiation bottom lines and litigation expectations. Don't trust any outcome promises, nor assume liability has been determined just because the employer paid in advance. Work-related injuries and infringement claims are two separate systems of evidence collection and calculation. Consistency in approach across both systems avoids procedural contradictions. Different case characteristics (e.g., activity nature, evidence completeness, and jurisdictional courts) yield varying outcomes. It's safer to verify each item against a timeline and materials list before proceeding further.

VI. Frequently Asked Questions

Q1: Can a sudden death during a team-building mountain climbing activity be considered a work-related death?

Yes, but the three conditions must be met simultaneously: the activity must be organized by the employer, be work-related, and occur during the employee's working hours. Simply naming the activity as a team-building event does not suffice to automatically qualify it as work-related. According to the Regulations on Work-Related Injury Insurance (amended on December 20, 2010), which stipulate that sudden death from illness during working hours or at a specified time after unsuccessful rescue efforts is considered a work-related injury, the family should submit an application for work-related injury identification to the social insurance administrative department of the coordinated area, and provide proof of the activity's nature and the time of the incident, such as activity notifications, attendance records, sign-in sheets, and emergency medical records. If the activity is purely voluntary socializing or the illness is unrelated to work, the identification may not be supported. In this case, it is advisable to assess the feasibility of claiming compensation for infringement according to Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021). The two pathways have different requirements for proof of working hours. It is recommended to first secure the original documents of the notification and attendance records, and then decide on the declaration path to avoid materials being organized according to one pathway and being unable to be reused in another.

Q2: Which documents should be kept regarding the rescue of medical records and the notice of team-building activities?

At least six categories of materials need to be preserved simultaneously. The absence of even one category may lead to a break in the timeline: activity notifications, sign-up forms, attendance sheets, attendance and reimbursement certificates, to prove who organized the event and whether it was included in the assessment; 120 acceptance records of vehicle dispatch, pre-hospital emergency medical records, emergency rescue and electrocardiograms, and death medical certificates (inference), to determine the interval from the onset of the disease to the first medical contact; physical examination reports, outpatient medical records and medication records, to distinguish the involvement of their own diseases; on-site photos, videos, monitoring retrieval certificates and contact information of those present; unit registration, development contracts and venue qualifications; as well as written correspondence with all parties and advance payment certificates. According to the evidence requirements of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024), documentary evidence should be submitted in original form. For easily lost materials such as monitoring records, it is recommended to apply for preservation as soon as possible, and the earlier the original carriers are collected, the more complete the evidence will be.

Q3: How should the litigation fees for the sudden death case during a team-building activity be prepaid when charging based on the proportion of the contract amount?

The litigation fees are pre-paid in stages according to the amount of the subject matter when the plaintiff files the case, and are ultimately borne by the losing party or shared in accordance with the proportion of liability. The attorney's fees are calculated separately. According to the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007), property cases are paid in stages according to the amount of the claim, and the death compensation, the living expenses of the dependents, and the funeral expenses are included in the subject matter. Those who meet the conditions for judicial aid can apply for deferral, reduction, or exemption from payment. There is no unified government pricing for attorney's fees. In accordance with the complexity of the items under Article 1179 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), the fees are calculated on a per-item basis, as a percentage of the subject matter, or on an hourly basis, subject to the terms of the entrustment contract. Such cases often involve multiple defendants and causation appraisals. Before calculating the fees based on the proportion of the subject matter, it is advisable to first list the items that can be claimed and estimate the subject matter, then calculate the proportion of the costs to the expected compensation, and finally decide whether to proceed, so as to avoid the appraisal fees, preservation fees, and pre-paid litigation fees overlapping and exceeding the tolerance range.

Q4: How many days does it take for the social security department to reach a conclusion after accepting the work-related injury identification application?

Generally, a determination decision is made within 60 days from the date of acceptance. For cases with clear facts and well-defined rights and obligations, it can be completed within 15 days, based on the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010). Where the determination is based on the conclusions of judicial organs or administrative departments, the time limit will be suspended and extended. Delayed results do not mean that the determination will not be made. If the unit fails to report within the prescribed time limit, the next of kin may file a claim on their own within one year. The starting point of the time limit and whether it exceeds the deadline often become disputes. It is advisable to fix the claim with written applications and receipt certificates. If dissatisfied with the conclusion, one may apply for administrative reconsideration or initiate administrative litigation, which will prolong the process. After transferring to benefit calculation or infringement litigation, the ordinary procedure for first-instance trials usually concludes within six months, the summary procedure within three months, and the second-instance procedure within three months. The periods for appraisal and announcement will be counted separately. It is recommended to record all key points in the case file according to the time limits of the "Civil Procedure Law of the People's Republic of China" (amended on December 24, 2021 and implemented on January 1, 2024) from the day of acceptance, and then arrange the pace of consultation and evidence presentation.

Q5: Should the surveillance footage of the team-building event be archived first on that day, or should a work-related injury report be filed first?

The two are not conflicting, but the first step on that day should be to secure the scene and electronic evidence that are easily lost, and then initiate the work-related injury declaration. If the order is reversed, it may be impossible to recover the surveillance footage. Follow these four steps: First, request the unit, venue, and development company in writing to preserve the surveillance footage, attendance records, and group messages of that day. If necessary, apply for evidence preservation or notarization, and simultaneously copy the 120 emergency records and emergency medical records. Second, obtain the death medical certificate (inference), organize activity notifications, attendance records, and registration records, and confirm whether the organizer is included in the assessment. Third, check the jurisdiction and statutory time limits, submit the work-related injury identification application to the social insurance administrative department of the coordinated area and retain the receipt. At the same time, evaluate whether to claim compensation for infringement according to Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021). If the materials are complex or multiple entities are evading responsibility, hire a professional lawyer as soon as possible to organize appraisals and evidence collection. Maintain written records throughout the process, and don't wait until the surveillance coverage period has passed to retrieve the footage later.

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.