If a person is still working at the employer after the retirement age, and suffers an injury accident due to work-related reasons during the course of work, or a traffic accident occurs on the way to and from work that is not the main responsibility of the person, such situation shall be dealt with on a case-by-case basis.
1. If the human resources and social security departments do not recognize the work-related injury, the employee and his or her close relatives may file an administrative lawsuit with the people's court to request that the decision not to recognize the work-related injury be revoked and that the specific administrative act be re-imposed.
Basis: Ministry of Human Resources and Social Security issued 2016 No. 29 "Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (II)" (2) "If the employee reaches or exceeds the statutory retirement age, but has not gone through the retirement procedures or has not enjoyed the basic pension insurance benefits for urban employees in accordance with the law, and continues to be injured by an accident or suffering from an occupational disease during the period of work at the original employer, the employer shall bear the liability for work-related injury insurance in accordance with the law".
The Reply of the Administrative Tribunal of the Supreme People's Court to the Request for Instructions of the Regulations on Work-related Injury Insurance (2010) Xing Ta Zi No. 10 on the Request for Instructions of the Regulations on Work-related Injury Insurance shall apply to the Administrative Tribunal of the Supreme People's Court on the Request for Instructions of the Regulations on Work-related Injury Insurance (2010) Xing Ta Zi No. 10, "If a migrant farmer who has exceeded the statutory retirement age employed by an employer is employed by an employer and is due to work-related reasons during working hours, the relevant provisions of the Regulations on Work-related Injury Insurance shall be applied to determine the work-related injury".
2. If the employer has purchased supplementary work-related injury insurance after reaching the retirement age and continues to work for the employer, enjoying retirement benefits, and the employer has purchased supplementary work-related injury insurance, and a work-related injury accident occurs in this case, explain to the human resources and social security department that the employer has purchased supplementary work-related injury insurance, and the human resources and social security department will generally determine the work-related injury if it investigates and verifies that it meets the conditions for work-related injury.
3. If the retiree continues to work at the employer after reaching the retirement age, and the retiree enjoys the benefits of employee pension insurance, but the employer has not purchased supplementary work-related injury insurance, in such a case, it shall directly file a lawsuit for a dispute over the liability of the labor service provider as a tort dispute.