[Direct answer]Those who meet the requirements may be deemed as work-related injuries. Article 15 Paragraph 1 Item 3 of the "Regulations on Work-related Injury Insurance" (amended on December 20, 2010, and implemented on January 1, 2011) stipulates that workers who have served in the military, been injured in war or on duty, and obtained a certificate of revolutionary disability, and whose old injuries recur after they enter employment, shall be deemed as work-related injuries and enjoy work-related injury insurance benefits except for a one-time disability subsidy. In other words, if retired soldiers suffer from recurrence of old injuries after entering local employment, they can claim to be deemed as work-related injuries, but they need to hold a certificate of revolutionary disability and be able to prove the causal relationship between the recurrence and the old injuries. If it is an ordinary disease or caused by new reasons, this article does not apply, and it needs to be judged according to general rules.

1. Problem background and typical scenarios

When retired soldiers suffer from recurrence of old injuries after being employed by enterprises or institutions, this constitutes a special situation in the identification of work-related injuries. Typical scenarios include: being injured or disabled during training or mission execution during military service, entering the employing unit after retirement, and requiring hospitalization for treatment due to recurrence of old injuries caused by work intensity or environmental changes; the unit not having complete information about the retired soldiers' identities and disability certificates, encountering obstacles when applying for work-related injury insurance; and the difficulty of proving the causal relationship between the recurrence of old injuries and the injuries sustained during military service due to the long time elapsed since military service. When handling such matters in Beijing, the disability certificates, materials related to injuries and illnesses during military service, and diagnosis records of recurrence constitute the core evidence, and relevant disputes can be resolved through legal means.Labor arbitration and work-related injury compensationCarry out an overall evaluation of the service.

II. Key points of contention

First, whether the disability certificates are complete and in valid status: The certificate for disabled military personnel is a prerequisite for applying this provision. Missing certificates or inconsistent information will directly affect the determination of eligibility. Second, how to prove the causality of recurring old injuries: This requires corroboration between the injury records during service, the medical diagnosis of the recurrence, and the treatment process. Third, how to define the scope of benefits: According to Article 15 Paragraph 1 Item 3, the case is deemed a work-related injury, but the one-time disability compensation is excluded. Other benefits can still be claimed. Fourth, whether the employer has participated in work-related injury insurance: If the employer has not participated in the insurance, the corresponding benefits shall be borne by the employer. Fifth, the application time limit and the allocation of the burden of proof: If the employer fails to apply within 30 days, the employee shall file the application within one year. Sixth, how to ensure the coordination of responsibilities between the veterans affairs departments and social security agencies to avoid mutual shirking of responsibilities.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that the key to such cases lies in establishing a complete chain of evidence linking the soldier's identity, the fact of disability, and the consequences of recurrence. First, priority should be given to subject and document verification: confirming whether the party involved is a soldier who was injured or disabled in combat or on duty and has obtained a Revolutionary Disability Soldier Certificate, which is a qualification requirement for entering the channel of treating the case as work-related injury. Second, organize medical materials: retrieve the injury and illness records during service, the disability assessment materials in the discharge file, and the recent medical records, images, and diagnosis certificates of recurrence, to demonstrate the continuity of the recurrence with the old injury rather than a new disease. Third, clarify the scope of benefits: the treatment as work-related injury does not include a one-time disability subsidy, but medical expenses, wages during the suspension of work, nursing fees, and disability allowances can still be claimed according to law, to avoid making too few or too many claims due to misunderstandings. Fourth, ensure procedural coordination: coordinate with the employer to apply for recognition, and if the employer refuses to cooperate, the employee or close relatives can apply on their own; if the handling agency considers the materials insufficient, promptly supplement with service archives and appraisal opinions. Fifth, communicate across departments: when necessary, obtain relevant certificates from the veterans affairs department and prepare written materials. Sixth, seek remedies for disputes: against the conclusion of non-recognition, apply for administrative reconsideration or initiate administrative litigation according to law, paying attention to statutory time limits. 恒略律师的实践体会是，此类案件的关键在于将军人身份、伤残事实与复发后果串成一条完整的证据链。第一，主体与证件核查优先：确认当事人是否属于因战、因公负伤致残并已取得革命伤残军人证，这是进入视同工伤通道的资格条件。第二，医学材料的整理：调取服役期间的伤病记载、退役档案中的伤残评定材料，以及近期复发就诊的病历、影像与诊断证明，说明复发与旧伤的延续关系而非新发疾病。第三，明确待遇边界：视同工伤不含一次性伤残补助金，但医疗费、停工留薪期工资、护理费与伤残津贴等仍可依法主张，避免因误解而少提或多提请求。第四，程序衔接：协调用人单位配合申报，单位不配合的，由职工或近亲属自行申请；对经办机构认为材料不足的，及时补充服役档案与鉴定意见。第五，跨部门沟通：必要时向退役军人事务部门调取相关证明，形成书面材料。第六，争议救济：对不予认定结论，依法申请行政复议或提起行政诉讼，注意法定期间。

IV. Practical suggestions and legal basis

Action recommendations: First, when starting work, truthfully inform the employer of your status as a retired soldier and keep a copy of your disability certificate; Second, when an old injury recurs, seek hospital treatment immediately and preserve all medical records; Third, submit an application to the employer and request a written response; Fourth, retrieve the disability assessment and retirement file materials from your service period to prove the causal relationship; Fifth, if the employer fails to provide insurance coverage or cooperate, promptly apply for compensation on your own and consider legal action after becoming aware of the infringement of your rights. Legal basis: Article 15 Paragraph 1 Item 3 and Article 17 of the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010 and implemented on January 1, 2011) regarding the presumption of work-related injuries and application deadlines; Relevant provisions on the protection of the rights and interests of retired soldiers in the "Law of the People's Republic of China on the Status and Rights Protection of Military Personnel" (implemented on August 1, 2021). For disputes involving labor relations and compensation, please refer to the relevant provisions.Labor arbitration and work-related injury compensationFor matters involving administrative procedures, you can refer to the following for more information.Land expropriation and demolition, and administrative litigationThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the Revolutionary Disabled Military Person's Certificate is a prerequisite for being treated as a work-related injury. If the certificate is lost, it should be applied for replacement or a certificate issued by the competent department as soon as possible. Secondly, the recurrence of old injuries must be supported by medical materials. Simply stating one's feelings is difficult to meet the proof standard. Thirdly, the treatment of work-related injuries does not include a one-time disability subsidy. When claiming benefits, the applicant should check each item carefully to avoid omissions or exceeding the scope. Fourthly, the one-year self-application period is also a mandatory time limit. Do not delay because of waiting for the unit. Fifthly, it is advisable to keep records of the application and response process when dealing with inter-departmental matters, which is convenient for future claims. For labor dispute enforcement, you can go through the relevant procedures.Creditor's rights and debts, and enforcementUnderstand the program path.

VI. Frequently Asked Questions

Q1: Can the recurrence of old injuries among retired soldiers be considered as work-related injuries?

That's not all. To apply Article 15 Paragraph 1 Item 3 of the "Regulations on Work-Related Injury Insurance", the following four conditions must be met simultaneously: having served in the military before, being disabled due to war or work-related injuries, having obtained a certificate of disability for revolutionaries, and having a recurrence of old injuries after joining the employing unit. If any of these conditions are not met, it will be difficult to apply the regulation, and other rules need to be used for judgment.

Q2: What benefits can be obtained if an injury is considered an occupational injury?

After being deemed an occupational injury, the employee can enjoy occupational injury insurance benefits, including medical expenses, wages during the period of suspension of work and retention of salary, nursing care fees, disability allowances, and the provision of assistive devices, but not including a one-time disability compensation, which is a special provision of Article 15 Paragraph 1 Item 3. When claiming benefits, the employee should check each item one by one to avoid missing out on items such as nursing care fees and wages during the period of suspension of work and retention of salary.

Q3: How to prove that the recurring injury is the same old injury from years ago?

It is necessary to provide the disability assessment and injury records during the service period, relevant materials from the retirement file, as well as recurrence medical records, images, and diagnostic certificates, to form a continuous chain from old injuries to recurrence. The more specific the supporting materials are, the more reliable the determination will be. If necessary, you can apply for a labor capacity appraisal to further clarify the disability level and the degree of care dependence.

Q4: What should I do if my employer refuses to cooperate with the declaration process?

If the employer fails to submit the application within 30 days, the employee or his/her near relatives, or the trade union organization may apply directly to the social security agency within one year from the date of the accident injury, and may claim compensation for the loss of benefits caused by the employer's failure to participate in the insurance program in accordance with the law. At the same time, they may separately claim corresponding compensation for the loss of benefits caused by the employer's failure to participate in the insurance program in accordance with the law.

Q5: If I disagree with the conclusion of the determination, what are the avenues of redress available to me?

You can apply for an administrative review within 60 days from the date of receiving the conclusion, or file an administrative lawsuit within six months. It is recommended to supplement the service file and the medical appraisal opinion in the process, and, if necessary, entrust a professional lawyer to assist in sorting out the evidence and legal basis. If the handling agency requires supplementary materials, they should be submitted on time to avoid being returned due to incomplete materials.

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. In case of disputes, please consult a practicing lawyer in time.