[Direct answer]In the Beijing area, it can be recognized, but there is a prerequisite: first, it must be diagnosed as an occupational disease. Heat stroke has been listed in the "Classification and Catalog of Occupational Diseases" of the State as "occupational diseases caused by physical factors". If a worker suffers from heat stroke during high-temperature operations or in high-temperature weather and is diagnosed as occupational heat stroke by an occupational disease diagnosis institution, it shall be recognized as a work-related injury in accordance with Article 14 Paragraph 4 of the "Regulations on Work-Related Injury Insurance" (promulgated by the State Council on April 27, 2003 and amended on December 20, 2010, effective from January 1, 2011), which stipulates that "suffering from occupational diseases" shall be recognized as work-related injuries. The unit shall apply for recognition within 30 days from the date the worker is diagnosed and appraised as an occupational disease. If the unit fails to apply for recognition, the worker or his/her near relatives may apply for recognition on their own within one year.

I. Problem Background and Typical Scenarios

High-temperature work is concentrated in industries such as construction, sanitation cleaning, open-air loading and unloading, express sorting, and steel smelting. Typical situations include workers working continuously in open-air environments or high-temperature workshops at temperatures above 35°C for several hours, experiencing dizziness, nausea, and blurred consciousness. They are sent to the hospital for diagnosis of heat stroke, and some die despite rescue efforts. Units often defend themselves by saying that heat stroke is a personal physical problem or that the incident did not occur on the factory premises.

II. Key points of contention

First, the diagnostic threshold. Occupational heat stroke must be diagnosed by occupational disease diagnosis institutions approved by the provincial health authorities, and the clinical diagnosis of ordinary hospitals cannot be directly equated with it. Second, the correlation between time and location. If the heat stroke occurs after work or at home, it is necessary to prove the causal relationship between high-temperature exposure and damage, and the shift schedule, the temperature records of the working environment, and the situation of employees in the same position are all key materials. Third, the burden of proof. If the unit claims that it is not a work-related injury, it should provide evidence of non-work-related causes. Fourth, the effectiveness of multi-level appraisals. If the conclusions of the provincial and municipal levels are consistent, it is very difficult for the unit to refute them with general evidence. Specific judgments can be referred to for reference.Work-related injury compensationRules.

III. Professional analysis by Henglue Law Firm

According to the experience of Henglue Law Firm, the difficulty of heatstroke-related work injuries lies not in the application of law, but in diagnosis and evidence. There are three common types of cases: when an employee suffers from heatstroke on the spot and applies for work-related injury compensation, the application is rejected because they do not have a diagnosis certificate for occupational diseases; when the employee develops symptoms at home after work, the employer defends that it did not occur in the workplace, so it is necessary to reconstruct the causal chain based on the employee's work schedule, temperature monitoring, and the symptoms of colleagues in the same position; if the employer does not participate in social insurance, all benefits must be borne by the employer after the determination is made, and the employer may repeatedly question the diagnosis conclusion. It should also be noted that high-temperature subsidies belong to labor compensation and cannot be substituted for work-related injury benefits. The failure to pay subsidies does not constitute a reason for non-recognition, but it can be used as circumstantial evidence that the employer has not fulfilled its obligation to prevent heatstroke and reduce the temperature. The compliance assessment can be referred to for reference.Corporate lawPerspective.

IV. Practical suggestions and legal basis

According to Article 14 Paragraph 4, Article 17, Article 33, and Article 39 of the "Regulations on Work-Related Injury Insurance" (promulgated by the State Council on April 27, 2003 and amended on December 20, 2010, effective from January 1, 2011), the provisions on the diagnosis and appraisal of occupational diseases in the "Law of the People's Republic of China on the Prevention and Control of Occupational Diseases" (adopted on October 27, 2001 and amended on December 29, 2018), and the provisions on the treatment of heat stroke caused by high-temperature work and the enjoyment of work-related injury insurance benefits upon diagnosis of occupational diseases in the "Administrative Measures for Heat Stroke Prevention and Control" (promulgated by the State Administration of Work Safety on June 29, 2012), it is recommended that: immediately seek medical treatment at a qualified occupational disease diagnosis institution and provide a written statement of the worker's position and exposure to high temperatures; submit the worker's occupational history, occupational health surveillance records, and temperature detection data from the workplace; after obtaining the diagnosis certificate, the employer shall apply for work-related injury insurance within 30 days; if the employer fails to apply, the worker may apply for insurance within one year; if there are disputes over the diagnosis conclusion, the worker may apply for occupational disease appraisal according to law; and preserve medical records and receipts to support claims for wages during the suspension of work and death compensation.

5. Henglu Law Firm's Reminder

Heatstroke mainly occurs in summer. Temperature records, shift schedules, and workers' testimonies are prone to be lost due to seasonal changes and staff turnover, so it's better to fix them as soon as possible. If a worker dies after unsuccessful rescue, whether the illness occurred during working hours and at the workplace, and whether the death occurred within 48 hours, directly affects which identification path to apply. Families should first confirm the path before submitting materials. Employers should implement rotating work shifts and heatstroke prevention measures and participate in social insurance according to law. For multi-employer work situations, it's also necessary to clarify the responsible units and seek assistance when necessary.Specialised legal servicesCoordination. For any related procedural issues, please contactBeijing Henglue Law FirmConsultation.

VI. Frequently Asked Questions

Q1: Is there a high chance of successfully applying for work-related injury compensation in the case of heat stroke?

For those who have obtained a diagnosis of occupational heat stroke, their chances of being recognized are higher, and professional diagnostic conclusions are not easily refuted by general evidence. Those who apply on their own without going through the occupational disease diagnosis process are often rejected due to insufficient evidence, and the diagnosis process is the key to success or failure.

Q2: What evidence do I need to prepare?

Work history and job descriptions, occupational health surveillance files, data on temperature and hazardous factors in the workplace, shift schedules and attendance records, worker testimonies, outpatient and inpatient medical records, laboratory and imaging reports, and occupational disease diagnosis certificates.

Q3: What's the approximate cost?

Diagnosis and appraisal of occupational diseases shall charge the diagnosis fees in accordance with the regulations. There are no charges for work-related injury identification and labor capacity appraisal. There are no charges for labor and personnel dispute arbitration. For cases that proceed to litigation, the litigation fees shall be paid according to the subject matter of the dispute, and the attorney's fees shall be subject to the provisions of the entrustment contract.

Q4: How long does the process take?

Diagnosis of occupational diseases is generally made within 30 days after acceptance, and the time limit may be extended by 30 days if the case is complex. Work-related injury identification is made within 60 days after acceptance. The identification and claims for benefits are timed separately, and the overall period is usually several months to more than a year.

Q5: What should I do first?

First, go to an institution with qualifications for occupational disease diagnosis to seek medical treatment and apply for an occupational disease diagnosis. At the same time, fix the temperature records, shift schedules, and witness statements of the day of the incident; after obtaining the diagnosis certificate, the unit or the individual shall apply for work-related injury identification.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may differ, which may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and have been publicly released. They 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]Sichuan Province (58th batch of guiding cases issued by the Supreme People's Procuratorate: Zou **'s administrative confirmation lawsuit supervision case against the Human Resources and Social Security Bureau of ** City in Sichuan Province)
[Judicial Summary]If a worker suffers from heatstroke while engaged in manual labor in a high-temperature working environment and is diagnosed with an occupational disease, they shall be entitled to work-related injury insurance benefits. If the worker fails to obtain an occupational disease diagnosis certificate or be recognized as a work-related injury due to reasons beyond their control, the procuratorial organ may investigate and verify the case according to law and supervise and correct it with new evidence; after the appeal in this case, the human resources and social security department made a new determination of work-related injury, and the social security center paid 756,000 yuan in work-related injury benefits, including a one-time work-related death compensation.
[Source]Zhonggong Net's article "Supreme People's Procuratorate Case: Where a Worker Suffers from Heat Stroke and It Is Classified as an Occupational Disease, It Should Be Recognized as a Work-Related Injury" (2025-05)

[Case Number]The case number has not been made public.
[Trial Court]The Work Injury Identification Committee of the Development Zone Management Committee of Wuhan City, Hubei Province made a work injury identification, and the administrative reconsideration upheld the original determination. The second-instance court also maintained the original judgment.
[Judicial Summary]The employee worked in a high-temperature workshop for a long time and fainted at home in the early morning after work. Despite rescue efforts, he died from heat stroke and multiple organ failure. After three-level appraisals by provincial and municipal occupational disease diagnosis and appraisal institutions, the conclusion was all occupational heat stroke. The court ruled that the evidence submitted by the employer was insufficient to refute the professional diagnosis conclusion, and in accordance with the provisions of the "Regulations on Work-Related Injury Insurance" that workers suffering from occupational diseases should be recognized as work-related injuries, it upheld the decision that the death from heat stroke was a work-related injury and the administrative review conclusion.
[Source]Hubei Daily: "A workshop operator died of 'heat stroke' and was recognized as a work-related injury" (2025-07)

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 current laws and regulations and publicly available adjudication rules, and is provided 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. In the event of a dispute, please consult a practicing lawyer promptly.