The Labor Law of the People's Republic of China does not limit the upper age limit for workers, and laws and regulations do not prohibit those who still work after reaching the statutory retirement age.
The Regulations on Work-related Injury Insurance also do not contain restrictions on whether migrant workers who have exceeded the statutory retirement age can be recognized as work-related injuries.
The Reply of the Administrative Tribunal of the Supreme People's Court on Whether the Regulations on Work-related Injury Insurance Should Be Applied to the Request for Instructions on Work-related Injury Insurance for Migrant Workers and Farmers Who Have Exceeded the Statutory Retirement Age During Working Hours and Due to Work-related Reasons** shall apply the relevant provisions of the Regulations on Work-related Injury Insurance for work-related injury determination.
According to the opinions of the relevant documents, employees who are not over the statutory retirement age are not eligible for the "Regulations on Work-related Injury Insurance". In addition, there is no explicit provision in the law that the regulations shall not apply to employees who have exceeded the statutory retirement age to determine work-related injuries. Therefore, age cannot be a reason for not accepting an application for recognition of work-related injury, as long as the applicant submits materials that meet the statutory acceptance conditions, the Bureau of Human Resources and Social Security shall accept the application for recognition of work-related injury.
Exceeding the retirement age does not prevent the recognition of a work-related injury