[Direct answer]It can be enjoyed under certain conditions. If a worker suffers a recurrence of work-related injuries and it is confirmed that treatment is needed, they can continue to enjoy work-related medical benefits; if they need to suspend work for treatment, they can continue to receive pay while on leave. In practice, whether a worker can enjoy the pay while on leave period for recurring work-related injuries usually requires confirmation by the labor capacity appraisal committee or the contracted medical institution that treatment and rest are necessary, and then the pay while on leave period rules will be implemented accordingly. Therefore, it is essential to keep medical records, diagnosis certificates, and treatment records, and apply for confirmation in a timely manner. It should be noted that if an arrangement for one-time work-related medical assistance benefits has been made beforehand, subsequent benefits will still need to be determined based on specific agreements and regulations. In short, recurrence requires "confirmation first, then enjoyment", and both evidence and procedures are indispensable.

I. Problem Background and Typical Scenarios

After recovering from work-related injuries for many years, if the old injuries recur and require further treatment and recovery, the worker wants to request another period of work suspension and salary compensation, but the employer says "the work-related injury has already been handled". Such disputes often arise when the worker leaves the company and receives a one-time compensation after the injury recurs. The law has clear provisions on the treatment for recurring work-related injuries, but the conditions and procedures for enjoying the benefits require evidence and confirmation, and cannot be based solely on verbal statements.

II. Key points of contention

First, the subject and basis for confirming the recurrence of work-related injuries typically require the Labor Capacity Appraisal Committee to determine whether it constitutes a recurrence of work-related injuries. Second, the scope of benefits during the recurrence period, including work-related medical benefits and stop-work-and-retain-salary benefits, should be enjoyed as usual. Third, the impact after receiving one-time benefits. After receiving one-time work-related medical subsidies or disability employment subsidies, how should the labor relationship and subsequent benefits be handled? Fourth, evidence and statute of limitations. Workers should keep records of the diagnosis and treatment of recurrence and assert their rights within the statutory period. Whether it constitutes a recurrence of work-related injuries directly determines whether they can once again receive stop-work-and-retain-salary benefits.

III. Professional analysis by Henglue Law Firm

First, legal basis and scope of benefits: Workers who suffer from recurrence of work-related injuries and are confirmed to require treatment shall enjoy the work-related injury medical benefits and related benefits during the period of suspension of work and retention of salary as stipulated in the regulations; that is, if the recurrence requires treatment, they can continue to enjoy work-related medical benefits and corresponding salary benefits. Second, confirmation procedures: Work-related injury recurrence generally requires confirmation by the labor capacity appraisal committee or treatment advice from medical institutions that have signed service agreements. In practice, the confirmation conclusions of the appraisal institutions or the diagnosis and treatment recommendations of medical institutions serve as the basis for determining benefits. Therefore, workers should apply for benefits in a timely manner to avoid self-rehabilitation without procedural confirmation. Third, relationship with one-time benefits: If workers have previously received one-time work-related injury medical subsidies, one-time disability employment subsidies, etc., their claims for recurrence benefits may need to be analyzed in detail based on the agreement and local regulations, rather than being generalized. Fourth, evidence and statute of limitations: To claim recurrence benefits, workers should provide original work-related injury recognition and appraisal materials, medical records and diagnoses of the current recurrence, treatment plans, leave and salary records, etc. In the event of disputes, claims should be raised within the statute of limitations for labor arbitration. In practice, if employers refuse to pay on the grounds of "already settling the matter," it is crucial to verify whether there is a clear one-time settlement agreement and the scope of the agreement. Workers should be cautious in signing general "one-time settlement" documents.

IV. Practical suggestions and legal basis

The first step is to retain the original work-related injury identification and appraisal materials, as well as the medical evidence of the recurrence. The second step is to promptly apply to the Labor Capacity Appraisal Committee or contracted medical institutions to confirm the recurrence and the necessity of treatment. The third step is to claim work-related injury medical treatment and suspended work with pay benefits based on this. The fourth step is to sign settlement documents with caution; if a dispute arises, apply for arbitration within the statute of limitations. The fifth step is to promptly apply for confirmation and retain the application and response materials if there are disputes over the recurrence and the necessity of treatment, so as to provide procedural basis for subsequent claims. Main legal basis: Article 38 of the "Regulations on Work-Related Injury Insurance" (revised in 2010) regarding the provisions that work-related injury victims may enjoy relevant work-related injury insurance benefits when the recurrence is confirmed and requires treatment; Articles 30 and 33 regarding work-related injury medical treatment and suspended work with pay periods; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

There are three key points regarding the recurrence of work-related injuries: First, it is necessary to confirm the necessity of treatment before enjoying work-related medical care and stop-work pay benefits; medical records, diagnoses, and treatment records are crucial evidence, and the confirmation process must be followed; and the one-time settlement documents must clearly specify the scope, so as not to sign away subsequent recurrence benefits. For cases involving labor arbitration and work-related injury compensation, you can seek assistance through legal channels.Labor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which includes personal injury and appraisal, which can be combined togetherPersonal injury and medical disputesFor reference, you can check the section related to corporate operationsBusiness and contract disputes in enterprisesFor any questions regarding special handling, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can I still enjoy the stop-work leave with pay if the work-related injury recurs?

Yes. If it is confirmed that the recurrence of the work-related injury requires treatment, the employee can continue to enjoy work-related injury medical benefits; if the employee needs to suspend work for treatment, he/she can continue to receive paid leave during the suspension period.

Q2: Who decides whether the cancer will recur or not?

Generally, it requires confirmation by the Labor Capacity Appraisal Committee, or the treatment opinions proposed by the agreed medical institutions as the basis.

Q3: Can I still claim the one-time benefit if I have already received it once?

It needs to be analyzed in detail based on whether a one-time settlement agreement has been signed, the scope of the agreement, and local regulations.

Q4: How are salaries paid during the recurrence period?

For those who need to suspend work to receive treatment, according to the provisions on the period of suspension of work with pay, their original wages and benefits will remain unchanged, and the unit will pay them monthly during this period.

Q5: What should I do if the unit says the payment has been settled?

Check the specific scope of the settlement documents; if the recurring treatment is not covered, you can claim it according to the law and apply for arbitration within the statute of limitations.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 time.