[Direct answer]In the Beijing area, the key factor is whether the two requirements of working hours and work positions are met. Article 15 Paragraph 1 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010 and implemented on January 1, 2011) stipulates that if a worker dies from a sudden illness during working hours or at the workplace, or dies after unsuccessful rescue within 48 hours, it shall be deemed a work-related injury. If overtime work is truly necessary for the job, the working hours and work positions can be reasonably extended. For example, if a worker dies from a sudden illness while working overtime at home or preparing materials in advance for the next day's business, it is not uncommon in practice to be recognized as a work-related injury. However, if the worker was engaged in personal activities unrelated to work at the time of the illness, it will be difficult to determine whether it constitutes a work-related injury.

1. Problem background and typical scenarios

Overtime deaths often occur in high-intensity industries such as the Internet, catering, logistics, and medical services. Typical scenarios include: sudden illness while continuing to process emails or write materials at home after work; illness while completing urgent tasks at work or at home on weekends; and sudden brain hemorrhage during on-call or standby shifts. The core of the disputes is often not the cause of death, but whether the moment of illness counts as working time and being at the workplace. This judgment highly relies on electronic traces and on-site evidence.

II. Key points of dispute

First, whether the working hours and positions can be extended. The arbitration principle usually starts from whether the work tasks are arranged by the unit or whether the unit knows and accepts the results of the work. Overtime does not necessarily require written approval, but it needs to be supported by evidence. Second, the starting point of 48 hours. Generally, the initial diagnosis time of the medical institution is used as the starting basis. If the patient dies after more than 48 hours of rescue, there are obstacles in applying this article. At this time, it can be reviewed whether it meets the identification requirements of accidental injuries. Third, the distinction between personal activities and work. If the patient falls ill while being in the workplace but engaged in non-work-related matters, it is difficult to identify the case. Fourth, the allocation of the burden of proof. The employee needs to initially prove the working status. If the unit claims that it is due to personal reasons, it should provide counter-evidence. Fifth, the remedial path. If the human resources and social security department does not recognize the case as a work-related injury, the employee can apply for administrative reconsideration or initiate administrative litigation to request the revocation of the decision of non-recognition.

III. Professional analysis by Henglue Law Firm

From the practical experience of handling cases involving overlapping occupational injury and administrative litigation at our firm, the outcome of such cases is often determined in the first few days after the incident. At that time, family members are often emotionally upset and rarely think of preserving electronic evidence. By the time they apply for occupational injury recognition, documents with modified timestamps, cloud version records, work group messages, and email sending times have often been lost. We usually suggest organizing evidence along three lines: first, the timeline, using document creation and modification times, email and chat record timestamps, and access control and attendance data to reconstruct the continuous working status before the onset of the disease; second, the task source, identifying work assignment information, leadership instructions, and client delivery deadlines that can demonstrate the unit's arrangement or recognition; third, the spatial clue, demonstrating the connection between the onset location and the workplace. For those working from home, it is necessary to determine whether the unit has long recognized this mode of working. Another common defense point is the unit's claim that "it never arranged overtime." In this case, the focus should be on whether the unit was aware of and accepted the labor results, such as materials submitted according to the unit's requirements and actual use of the work results, which can all support the determination of the working status. In addition, the rescue time records and the onset time description in the medical records must be consistent with the application materials. Inconsistencies will directly affect the recognition conclusion.Work-related injury compensationThe organization of evidence for similar cases andPersonal injury and medical disputesThe approach to assessing the damage can be mutually referenced and learned from each other.

IV. Practical suggestions and legal basis

According to Article 15 Paragraph 1 Item 1, Article 17, and Article 20 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010, and implemented on January 1, 2011), if an employee dies from a sudden illness during working hours or at their workstation, or dies after unsuccessful rescue within 48 hours, it is deemed a work-related injury. The employer shall submit an application for identification within 30 days from the date of the accident. If the employer fails to apply, the employee's next of kin may apply within one year. The human resources and social security department shall generally make a decision within 60 days from the date of acceptance. According to Article 4 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-Related Injury Insurance" (Legal Interpretation [2014] No. 9, implemented on September 1, 2014), if an employee is injured during working hours or at their workstation, and the employer or the human resources and social security department does not have evidence to prove that it was caused by non-work-related reasons, the identification of the injury as work-related should be supported. Recommendations: First, immediately preserve computer and mobile phone evidence after the incident, fix the modification time of documents and screenshots of chat records, and apply for notarization if necessary; Second, report the incident to the employer in writing and request work schedules and dispatch materials; Third, apply for work-related injury identification in a timely manner, and if the application is denied, apply for review or initiate litigation within the legal time limit; Fourth, simultaneously calculate the scope of benefits under the presumption of a work-related injury, including funeral subsidies, dependents' pensions, and one-time death compensation. 依据《工伤保险条例》第十五条第一款第一项、第十七条、第二十条（2010年12月20日修订，2011年1月1日施行），在工作时间和工作场所突发疾病死亡或者在48小时内经抢救无效死亡的，视同工伤，单位应自事故发生之日起30日内提出认定申请，单位不申请的，职工近亲属可在一年内申请，人社部门一般应自受理之日起60日内作出决定。依据《最高人民法院关于审理工伤保险行政案件若干问题的规定》（法释〔2014〕9号，2014年9月1日施行）第四条，职工在工作时间和工作场所内受到伤害，用人单位或者人社部门没有证据证明系非工作原因导致的，认定工伤应予支持。建议：第一，事发后第一时间保存电脑、手机等载体，对文档修改时间、聊天记录截图并做时间固定，必要时申请公证；第二，尽快向单位书面报告并索要排班、派工材料；第三，及时申请工伤认定，认定不予认定的在法定期限内申请复议或提起诉讼；第四，同步核算视同工伤下的待遇范围，包括丧葬补助金、供养亲属抚恤金和一次性工亡补助金。

5. Henglu Law Firm's Reminder

It should be noted that the treatment for work-related injuries deemed as such is not entirely equivalent to that for confirmed work-related injuries. The specific items and standards shall be subject to the current regulations and should not be simply applied. It is also necessary to remind workers' families that the 48-hour time limit starts from the beginning of the rescue process. The records of the communication with medical institutions must be preserved in full, and any description of the rescue time should be verifiable in the medical records. On the part of the employer, it is necessary to standardize the approval of overtime work and attendance management, and to form written records of arrangements such as working from home and being on standby on weekends in a timely manner. This is not only for the protection of workers, but also to reduce disputes.Beijing Henglu Law FirmTip: In such cases, the time window is tight and the evidence is highly time-sensitive. The earlier you get involved, the more advantageous it will be. If the involved unit refuses to cooperate with the declaration or files a lawsuit against the conclusion of the work-related injury identification, you can also combine it with other measures.Specialised legal servicesIntegrate the two relief paths of administrative and civil litigation.

VI. Frequently Asked Questions

Q1: Is there a high chance of claiming overtime-related sudden death as a work-related injury?

It depends on whether the onset of the disease can be identified as working hours and work positions. If there are documents, chat records, dispatch information and other evidence to support the continuous working state, and the rescue is within 48 hours, the chances of success are higher; if the patient was engaged in personal activities or activities clearly unrelated to work at the time of the onset of the disease, the difficulty of identification will significantly increase.

Q2: What evidence do I need to prepare?

The death certificate, the rescue medical records (indicating the time of onset and first diagnosis), the records of the creation and modification of documents, emails and messages in work groups, attendance and access control data, work orders and delivery deadlines, colleagues' testimonies, and the unit's management arrangements for overtime or home office work.

Q3: What are the approximate costs of legal fees and related expenses?

The identification of work-related injuries and administrative reconsideration are free of charge, and the acceptance fees for administrative litigation cases are generally low. If evidence preservation or notarization is needed, the fees will be paid separately according to the standards of the notary agency. The attorney's fees will be determined through negotiation in stages. If the case involves both administrative litigation and civil claims, it is advisable to clarify this at the time of entrustment.

Q4: How long does the entire process take?

The determination of work-related injuries is generally made within 60 days. Applying for a review or filing a lawsuit after being denied determination will significantly prolong the process, and the first-instance administrative litigation usually takes several months. It is recommended to submit the determination application as soon as possible within the statutory time limit to avoid losing the opportunity for relief due to missing the deadline.

Q5: What should I do first?

Immediately secure the electronic evidence and seal the original carriers, and at the same time, report the case to the unit in writing and request to declare the work-related injury; if the unit fails to declare it, the next of kin shall directly apply for recognition to the human resources and social security department within one year, and simultaneously collect materials related to the worker's work schedule, work assignment, and rescue time.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

VII. Related public cases (for reference, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial organs, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]The Intermediate People's Court of Shangqiu City, Henan Province
[Judicial Summary]A worker died of a sudden illness while organizing work materials at home on the weekend. The creation and modification times of his computer files corresponded closely with the time of his death as determined by forensic medical examination. This constitutes a reasonable extension of working hours and work duties. According to Article 15 Paragraph 1 Item 1 of the "Regulations on Work-Related Injury Insurance", it should be deemed as a work-related injury. The decision of the human resources and social security department not to recognize it as a work-related injury should be revoked.
[Source]The official website of the Intermediate People's Court of Shangqiu City, Henan Province features a case study titled "Legal Interpretation Based on a Case" (Is it considered a work-related injury if an employee dies from a sudden illness while working overtime at home?).

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Changping District of Beijing City (delivered the verdict in court)
[Judicial Summary]The restaurant manager suffered a cerebral hemorrhage while preparing food for the next day's business in the kitchen of the restaurant and died after unsuccessful rescue efforts. Although no written labor contract was signed and the unit did not pay social insurance, it was confirmed that a labor relationship existed between the two parties. Preparing for the next day's normal business was a reasonable extension of working hours and work positions, which met the conditions for being deemed a work-related injury. The court ruled to reject the company's lawsuit request to revoke the work-related injury recognition.
[Source]Guangming Net (Is working overtime during off-duty hours considered work-related injury? — Changping Court hands down verdict in court) (2025-06)

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.