With the continuous improvement of living standards, many people are still in good health when they retire or retire, and they often choose to continue to exert their residual heat for various reasons.
Netizen consultation:
If the employee is injured at work beyond the statutory retirement age, can it be recognized as a work-related injury?
Lawyer answers:
The purpose of the work-related injury insurance system is to ensure that employees who are injured in accidents or suffer from occupational diseases as a result of their work receive medical treatment and economic compensation, but all work-related injuries beyond the statutory retirement age should not be recognized as work-related injuries regardless of the circumstances.
If a worker who has gone through the formalities for retirement and is entitled to basic pension insurance benefits is rehired by the original employer or hired by another employer, it is generally considered that the injury sustained at work should not be recognized as a work-related injury, and any dispute shall be handled in accordance with the civil litigation procedures.
If a worker who has exceeded the statutory retirement age and does not enjoy basic pension insurance benefits is recruited by the employer, it shall be recognized as an employment relationship in practice and as a work-related injury in accordance with the law.
Lawyer adds:
Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the standards for work-related injury insurance hospitalization services shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Legal basis] Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Injured in an accident during working hours and in the workplace due to work-related reasons;
2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;
3) Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Profile of lawyer Wu Kaiqi
I graduated from the Law Department of Liaoning University and have 13 years of legal experience in large real estate companies, specializing in corporate law, construction contracts, economic disputes, labor disputes, intellectual property rights and other fields.