[Direct answer]Generally, this is not possible. Work-related injury identification is based on being injured in an accident due to work-related reasons or under statutory circumstances. However, Article 16 of the "Regulations on Work-Related Injury Insurance" explicitly lists self-harm and suicide as exclusionary circumstances. Applying for work-related injury compensation solely due to work-related stress is usually difficult to obtain support. However, if the suicide results from a serious mental disorder caused by a work-related accident and is committed in a state of losing the ability to recognize or control oneself, it may be possible to claim a causal relationship based on a judicial appraisal opinion. If the employer is at fault in labor management, the employee may also file a civil lawsuit separately. Evidence should be fixed as soon as possible. The employer should report the accident within 30 days from the date of the accident, and the employee or his/her close relatives may apply for compensation on their own within one year.

I. Problem Background and Typical Scenarios

Extreme incidents triggered by high pressure in the workplace are not uncommon: after continuous overtime work, performance reviews, job adjustments, and long-term marginalization, some employees develop severe depression and even self-harm. Families often first consider work-related injuries when facing such tragedies, hoping that the work-related injury insurance fund will cover medical treatment and compensation for death, but such applications are often rejected at the acceptance stage. In the judicial practice of Beijing courts, the focus of such disputes rarely stays at the humanitarian level, but rather focuses on whether all legal requirements are met.

II. Key points of contention

First, whether it falls into the statutory exclusion circumstances. Suicide, self-harm, intentional crimes, and being intoxicated or under the influence of drugs are all circumstances in which the injury cannot be recognized or deemed as a work-related injury. Among these, the exclusion of suicide and self-harm is the most rigid. Second, whether the causal relationship can be established. The claimant needs to prove that there is a direct causal chain between the death and the work. Simply proving that the work intensity is high and the fact of overtime work exists is not enough. Other intervening factors such as emotions, family issues, and the natural progression of the disease also need to be ruled out. Third, whether the mental state constitutes a preclusion. If it is confirmed through appraisal that the worker lost the ability to recognize or control himself/herself when committing the act, the nature of his/her actions will be re-evaluated in individual judgments, but the burden of proof is extremely high. Fourth, the choice of liability path. In addition to work-related injury identification, it can also be examined whether the unit has faults such as employing workers overtime, failing to guarantee rest and vacation according to law, and failing to fulfill health protection obligations. Compensation can be claimed through the tort path. The two paths are not mutually exclusive, but the factual basis is different. RelatedWork-related injury compensationRules can be used as the starting point for path comparison.

III. Professional analysis by Henglue Law Firm

When Henglue handles labor-related cases, we encounter several such consultations every month. After communication, we often need to help family members adjust their expectations to the realistic path. There are generally three practical scenarios: First, the family insists on applying for work-related injury identification, but receives a decision letter stating that the application is not approved; Second, the employer pays a one-time compensation out of humanitarian considerations, and the two parties settle the case with a written agreement; Third, the case shifts to tort litigation, with both parties contesting the causality through expert appraisals. Experience shows that judges are very cautious in reviewing causality, and expert opinions often become decisive evidence. However, the expert conclusion often depends on whether the medical records adequately document the patient's mental state. There are three common pitfalls: First, the family misses the evidence-fixing window due to emotional reactions, and the work group records and attendance data are deleted; Second, oral agreements with the employer are not documented in writing, making it difficult to reconstruct the content of the agreement later; Third, treating work-related injury identification as the only solution and neglecting other remedies such as tort compensation and social insurance benefits. It should be noted that non-identification of work-related injury does not mean there is no remedy at all. Survivors' pensions, personal account balances of pension insurance, and funeral subsidies can still be handled in accordance with regulations.Specialised legal servicesSuch connection issues often arise in Chinese as well.

IV. Practical suggestions and legal basis

According to Articles 14, 15, 16, and 17 of the "Regulations on Work-Related Injury Insurance" (promulgated by the State Council on April 27, 2003, implemented on January 1, 2004, and amended on December 20, 2010, implemented on January 1, 2011), and Article 116 of the "Civil Code of the People's Republic of China" (adopted on May 28, 2020, implemented on January 1, 2021) regarding the principle of fault liability, it is recommended to proceed in the following order: First, immediately collect and back up work records, including shift schedules, attendance records, overtime approval records, performance communication and position adjustment notifications; Second, fully preserve medical records, especially psychiatric outpatient and inpatient records, medication records, and diagnosis certificates; Third, request the employer in writing to report the work-related injury within 30 days. If the employer refuses, the employee or their close relatives may file an application within one year; Fourth, simultaneously evaluate the path of infringement and sort out the clues of the employer's faults in working hours management and health protection; Fifth, pay attention to the application for survivor's benefits from social insurance agencies to avoid missing any eligible benefits.

5. Henglue Law Firm's Reminder

Once the conclusion of the work-related injury identification is made, the dissatisfied party may apply for administrative reconsideration or initiate administrative litigation within the statutory time limit, but the time limit is very short, and arrangements should be made immediately after receiving the decision letter. It should also be reminded that the burden of proof in suicide-related cases is relatively heavy, and neither party should proceed based on emotions. It is advisable to conduct an evidence evaluation and path demonstration first, and then decide which procedure to engage in. Henglue Law Firm advises that we should take into account both legal effects and family repair, and compensation negotiations and litigation preparations can be carried out simultaneously. For cases involving the intersection of work-related injuries and personal injuries, reference can be made to the relevant provisions.Personal injury and medical disputesThe experience in damage assessment and appraisal; for units involved in labor compliance assessments, it can be combined with other relevant information.Corporate lawThe overall arrangement; if you need to determine the order of progress for a specific dispute, you can do so byBeijing Henglu Law FirmContact.

VI. Frequently Asked Questions

Q1: Is there any hope of applying for work-related injury identification?

It's very unlikely that a suicide attempt caused by work stress will be recognized as a work-related injury; however, if the suicide attempt is triggered by a work-related accident and occurs in an uncontrollable state, there might be room for claiming compensation based on the appraisal opinion. If the employer is at fault in the management, it's more worthwhile to pursue civil compensation instead.

Q2: What evidence do I need to prepare?

The attendance and overtime approval records, performance communication and position adjustment notifications, psychiatric case files and diagnosis certificates, medication and medical visit records, investigation materials from public security organs, and written certificates of compensation paid by the unit all need to be backed up and the original carriers preserved.

Q3: What's the approximate cost?

There are no fees for work-related injury identification and labor capacity appraisal, and labor arbitration is free of charge. In civil litigation, litigation fees are paid in stages according to the amount of the dispute, appraisal fees are settled based on the actual expenses, and attorney's fees are subject to the provisions of the entrustment contract.

Q4: How long does the process take?

The determination of work-related injuries is generally made within 60 days after acceptance, and the time limit may be extended by 30 days if the circumstances are complex. Subsequent review, litigation, and appraisal are timed separately, and the overall process usually lasts from several months to more than a year. It is advisable to make time arrangements in advance.

Q5: What should I do first?

First, seek medical treatment and keep the medical records in full. At the same time, back up the work records such as attendance and overtime. Then, in writing, request the unit to report the work-related injury within 30 days. If the unit fails to report it, keep the proof of delivery and file the application by yourself within one year.

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

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

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available 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 a dispute arises, please consult a practicing lawyer in a timely manner.