This paper empirically studies the cause, nature, condition of the victim and judicial decision of the case by means of retrieving related cases about illness and death out of overwork. The difficulty for workers to prove the relation between overwork and death and the identification of workplace injury is bound by death "within 48 hours" are standards for civil law and administrative law to prove overwork, and they are also the predicament that legal remedy faces. It is recommended to complete the medical support, clear legislation value orientation and further improve relevant laws and regulations as soon as possible.