[Direct answer]In the Beijing area, there are two key points to consider: whether the person has already legally received basic urban worker's pension insurance benefits, and whether the employing unit has paid for their work injury insurance premiums. According to Article 2 of the "Opinions of the Ministry of Human Resources and Social Security on Implementing the 'Regulations on Work Injury Insurance'" (Ministry of Human Resources and Social Security [2013] No. 34), if a person who has reached or exceeded the statutory retirement age but has not gone through the retirement formalities or received basic urban worker's pension insurance benefits continues to work at their original employing unit and suffers an accident injury or occupational disease during this period, the employing unit shall bear work injury insurance liability in accordance with the law; if an employing unit hires a person who has reached or exceeded the statutory retirement age or has already received basic urban worker's pension insurance benefits, and the person suffers an accident injury or occupational disease during the employment period due to work-related reasons, and the employing unit has paid for their work injury insurance premiums in accordance with project-based insurance or other methods, the "Regulations on Work Injury Insurance" shall apply. In addition, the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work Injury Insurance" (effective September 1, 2014) provide detailed provisions on the units responsible for work injury insurance. Therefore, for rehired personnel who have already received pension insurance benefits, if the employing unit has not paid for their work injury insurance premiums, they are usually treated as having a labor relationship and can claim rights through personal injury compensation channels; for aged workers who have not received such benefits, they are more likely to be determined as having their work injury insurance liability borne by the employing unit. 北京地区需要关注两个关键点：是否已经依法享受城镇职工基本养老保险待遇，以及用人单位是否为其缴纳了工伤保险费。根据《人力资源和社会保障部关于执行〈工伤保险条例〉若干问题的意见》（人社部发〔2013〕34号）第二条，达到或超过法定退休年龄，但未办理退休手续或者未依法享受城镇职工基本养老保险待遇，继续在原用人单位工作期间受到事故伤害或者患职业病的，用人单位依法承担工伤保险责任；用人单位招用已经达到、超过法定退休年龄或者已经领取城镇职工基本养老保险待遇的人员，在用工期间因工作原因受到事故伤害或者患职业病的，如招用单位已按项目参保等方式为其缴纳了工伤保险费的，应当适用《工伤保险条例》。此外，《最高人民法院关于审理工伤保险行政案件若干问题的规定》（2014年9月1日起施行）对承担工伤保险责任的单位作了细化规定。因此，已享受养老保险待遇的返聘人员，若用人单位未为其缴纳工伤保险费，通常按劳务关系处理，通过人身损害赔偿途径主张权利；未享受待遇的超龄务工人员，则更有可能被认定由用人单位承担工伤保险责任。Labor arbitration and work-related injury compensationYou can view similar questions in this column.

1. Problem background and typical scenarios

This type of consultation is common in several situations: First, migrant workers over the statutory retirement age are injured while working at construction sites or factories, and they are unsure whether their injuries can be recognized as work-related injuries; Second, retirees who have already received pensions are rehired by their former or new employers and are injured at work; Third, employers claim that the parties do not have a labor relationship and refuse to assume work-related injury insurance responsibilities on the grounds of the workers' age; Fourth, there are no written contracts between the over-aged workers and their employers, and their wages are paid in cash or transferred through others' accounts, so the employment facts need to be proven; Fifth, over-aged workers are involved in traffic accidents during their commutes, which involves the connection between work-related injury recognition and traffic accident compensation. When handling such cases in Beijing, the authorities usually first verify whether the workers have gone through the retirement procedures, whether they have received pension insurance benefits, and whether the employers have paid work-related injury insurance premiums for them. Then, they determine whether work-related injury insurance responsibilities apply or whether personal injury compensation should be claimed based on a labor relationship. For cases involving the connection between traffic accidents and personal injury compensation, the authorities may refer to both cases simultaneously.Personal injury and medical disputesColumn.

II. Key points of contention

The first focus is whether the person has already legally enjoyed the basic pension insurance benefits for urban workers, which is the key to determining whether to apply the liability of work-related injury insurance or labor relations. The second focus is the proof of the employment relationship. In the absence of a written contract, how to prove the existence of an employment relationship? The third focus is whether the employer has paid work-related injury insurance premiums for the employee, and whether the project-based insurance can apply to the work-related injury insurance regulations. The fourth focus is the relationship between the work-related injury identification for traffic accidents during commuting and the liability compensation for traffic accidents, and whether they can be claimed simultaneously. The fifth focus is how to determine the unit responsible for work-related injury insurance, involving situations such as subcontracting, labor dispatch, and fictitious employment. The sixth focus is the choice of path for claiming rights after injury, and the connection between work-related injury identification and civil litigation. The seventh focus is the differences in compensation items. The work-related injury insurance benefits and personal injury compensation have different items and standards. The specific identification shall be based on the current effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, the first task in cases involving injured elderly individuals is to clarify their identities and relationships. The first step is to verify their pension insurance status by retrieving their insurance enrollment and benefit receipt records from social security departments to determine whether the parties have already retired and are receiving urban worker basic pension insurance benefits on a monthly basis. This directly determines whether to apply the liability of work-related injury insurance or handle the case based on the labor relationship. The second step is to establish the facts of employment. Elderly workers often lack written labor contracts, so it is necessary to collect wage payment records, attendance or entry/exit logs, work badges and access control records, chat logs in work groups, on-site photos, and colleague testimonies to prove that they provided labor and were subject to management in specific units. The third step is to verify payment records. If the employer has paid work-related injury insurance premiums for them through methods such as project-based insurance, the parties may claim the application of the "Regulations on Work-Related Injury Insurance" in accordance with Article 2 of the Ministry of Human Resources and Social Security's Document No. 34 [2013]. The fourth step is to choose the claim path. Elderly workers who have not received pension insurance benefits and are injured while working at their former units can apply for work-related injury recognition and require the employer to assume work-related injury insurance liability. Retired employees who have already received benefits are generally handled based on the labor relationship and can claim damages such as medical expenses, loss of income, nursing care costs, and disability compensation in accordance with the provisions of the Civil Code on tort liability. The fifth step is to handle concurrent claims. If the injury results from third-party torts such as traffic accidents, the parties can claim corresponding compensation in addition to work-related injury insurance benefits, but actual expenses such as medical costs should not be compensated twice. Overall, incorrect path selection will significantly affect the scope of compensation and procedural efficiency. Therefore, it is recommended to verify the identity and relationship of the parties before filing the claim.

IV. Practical suggestions and legal basis

Action suggestions: First, retrieve the records of pension insurance enrollment and benefit receipt to confirm whether the person has already received the basic pension insurance benefits for urban workers. For the relevant procedures, please refer to the explanatory notes.Labor arbitration and work-related injury compensationFirst, the column introduces the basic concepts of work-related injury insurance and the rights and obligations of both employers and employees. Second, it systematically collects factual evidence of employment, including payroll records, attendance and access control records, work badges, work communication records, and colleague testimonies. Third, it verifies whether the employer has paid work-related injury insurance premiums in accordance with project-based insurance enrollment and retains the enrollment certificates. Fourth, for those who have not received compensation and meet the eligibility criteria, they should promptly apply for work-related injury identification, noting the one-year application deadline. Fifth, for those who have already received compensation, they can claim medical expenses, loss of income, nursing care costs, and disability compensation according to the labor relationship or tort liability. For cases involving personal injury calculations, continuous attention should be paid.Personal injury and medical disputes1. Column; 2. Sixth, in cases involving third-party infringements such as traffic accidents, attention should be paid to the connection between work injury insurance benefits and infringement compensation, to avoid overlapping or omitting claims. 3. Legal basis: Article 2 of the "Opinions of the Ministry of Human Resources and Social Security on Implementing the 'Regulations on Work Injury Insurance'" (Ministry of Human Resources and Social Security Document No. 34 [2013]); Articles 14, 15, and 17 of the "Regulations on Work Injury Insurance" (effective January 1, 2011); Article 3 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work Injury Insurance" (effective September 1, 2014); and the provisions related to tort liability in the "Civil Code of the People's Republic of China" (effective January 1, 2021). 4. Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, whether they have already received basic urban worker's pension insurance benefits is the dividing line for determining whether elderly workers can apply for work-related injury insurance liability. Secondly, elderly workers often lack written contracts, and the employment facts need to be proven by a combination of indirect evidence. Thirdly, if the employer participates in insurance according to the project, the Work-Related Injury Insurance Regulations may still apply, and the employer should actively verify the insurance records. Fourthly, reemployed workers who have already received benefits are generally handled according to the labor relationship and follow the path of personal injury compensation. Fifthly, in cases involving third-party infringement, work-related injury insurance benefits and infringement compensation can be claimed concurrently, but the actual expenses will not be compensated twice. Sixthly, the choice of legal path directly affects the scope of compensation and the length of the process. It is recommended to entrust professional lawyers as soon as possible to verify the identity and relationship and then determine the plan.

VI. Frequently Asked Questions

Q1: If an employee is injured after reaching retirement age, can it still be considered a work-related injury?

It depends on the specific circumstances. If an employee reaches or exceeds the statutory retirement age but has not gone through the retirement formalities or enjoyed the basic pension insurance benefits for urban workers in accordance with the law, and suffers an accident injury while continuing to work at the original employing unit, the employing unit shall bear the responsibility for work-related injury insurance in accordance with the law.

Q2: I've already started receiving my pension, but what should I do if I get injured while being rehired?

It is usually handled as a labor relationship, and the party concerned may claim medical expenses, loss of income, nursing care fees, and disability compensation in accordance with the relevant provisions of the Civil Code on tort liability. If the unit has paid for the worker's work-related injury insurance premiums through project-based insurance or other means, the Work-Related Injury Insurance Regulations shall apply in this case.

Q3: How can we prove the employment relationship without a labor contract?

It is possible to collect payroll records, attendance or entry and exit registration records, work badge and access control records, chat records in work groups, on-site photos, and colleagues' testimonies, forming a mutually corroborating chain of evidence to prove the fact that the employee provided labor and accepted management.

Q4: Who will bear the cost of work-related injury identification for over-age workers?

Where an employer assumes the responsibility for work-related injury insurance in accordance with the law, it shall pay the expenses in accordance with the items and standards of work-related injury insurance benefits; where the employer has already paid work-related injury insurance premiums for the employee, the work-related injury insurance fund shall pay the corresponding benefits in accordance with the relevant regulations.

Q5: What should I do if I get into a traffic accident on my way to or from work?

Those who meet the requirements can apply for work-related injury identification and, at the same time, claim compensation for infringement from the party responsible for the traffic accident; actual expenses such as medical fees should not be compensated twice. The specific connection needs to be determined based on the responsibility identification and insurance situation.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently 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 limits.Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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 a timely manner.