[Direct answer]In most cases, these injuries are not considered work-related injuries. For reemployed personnel who have exceeded the statutory retirement age, the relationship between them and their employers is generally defined as a service relationship rather than an employment relationship. Injuries in such cases are handled as personal injury compensation, with the employer assuming liability for compensation based on fault. However, there are exceptions to this rule: in some regions, elderly individuals who have not received pension insurance benefits or retirement pensions and are injured at work are recognized as work-related injuries, and compensation is provided in accordance with the standards for work-related injury insurance.

1. Problem background and typical scenarios

It is a common phenomenon in the labor market that retirees are re-employed by their former units, technical backbones are re-employed as enterprise consultants, and superannuated personnel are widely used in positions such as security, cleaning, and landscaping. Once an injury occurs, both parties get into a dispute over the nature of the relationship: the unit insists on a labor relationship and is only willing to compensate a small amount based on fault, while the employee insists on full compensation according to the statutory treatment for work-related injuries. The paths are different, and the amount of compensation may vary by several times.

II. Key points of contention

First, the nature of the relationship. Those who have reached the statutory retirement age or are already receiving pension insurance benefits are usually treated as labor relations; in some regions, elderly individuals who have not received pension benefits may, under certain conditions, be handled as labor relations or in accordance with work-related injury regulations. Second, the compensation path. In labor relations, compensation is based on personal injury, including medical expenses, loss of income, nursing care costs, and disability compensation, with the burden shared according to the fault of both parties; in work-related injury cases, compensation is calculated based on work-related injury insurance benefits, excluding personal injury-related items, but the standards are clear. Third, one-time employment subsidies. For elderly individuals who are close to retirement age, some benefit items may be deducted. Fourth, insurance coverage. Employers may purchase employer liability insurance and work-related injury insurance for elderly employees to mitigate risks, while those who do not purchase insurance must bear the costs themselves.

III. Professional analysis by Henglue Lawyers

The public cases present two parallel paths. In the case of Guangdong Rao Ping County People's Court (2023) Guangdong No. 5122 Civil Case No. 1354, the worker who was over the statutory retirement age and did not enjoy basic pension insurance benefits was recognized as having suffered a work-related injury, and the court ruled that although the parties were in a labor relationship, the employer could still pay work-related injury insurance benefits in accordance with the Guangdong Work-Related Injury Insurance Regulations. The court awarded compensation of 471,506.8 yuan for a level 5 disability, deducting only the one-time disability employment subsidy. In the case of Miyun District People's Court in Beijing, the court took a different approach: the retired re-employed personnel formed a labor relationship with the unit, and the worker was injured during work and suffered a level 10 disability. The case was not handled according to the work-related injury procedures, and the court ruled that the unit should bear joint and several liability for compensation for transportation expenses, loss of income, nursing care fees, disability compensation, etc., totaling more than 100,000 yuan. The two cases illustrate that the classification and treatment of work-related injuries vary from region to region.Injury claimIt's often possible to achieve better results by conducting a path assessment beforehand.

IV. Practical suggestions and legal basis

According to Article 44 of the Labor Contract Law of the People's Republic of China (adopted in 2007 and amended in 2012) and Article 21 of the Implementing Regulations of the Labor Contract Law, the labor contract of a worker who has reached the statutory retirement age shall be terminated; Article 32 of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Labor Disputes Cases (I) clearly stipulates that employees who have legally enjoyed old-age insurance benefits or received pensions shall be treated as labor relations. The rules for the identification of work-related injuries for over-age workers can be found in the local work-related injury insurance regulations and the provisions of the human resources and social security departments, and can also be compared with the above-mentioned provisions.Work-related injury compensationThe standard method calculates the difference in treatment between the two paths. Suggestions: After an injury, first check whether you are entitled to pension insurance benefits, and then assess whether to claim for work-related injury or personal injury; regardless of which path you choose, you should promptly secure evidence such as photos of the accident scene, medical records, witness statements, and proof of employment and compensation; the employer should purchase employer's liability insurance for employees over the age of 60 and conduct basic health assessments before they start work.

5. Henglue Law Firm's Reminder

The main differences in compensation for over-age employees stem from regional regulations. In practice in Beijing, the proportion of cases handled as labor relations is higher. For personal injury claims, the focus of evidence collection is on the employer's fault and causality, while for work-related injury claims, the emphasis is on verifying the employee's pre-injury treatment conditions. The evidence for the two types of claims overlaps significantly. It's cost-effective to first collect all relevant evidence and then choose the appropriate legal path for claiming compensation. For employers, clear job responsibilities, risk disclosure, and insurance arrangements in over-age employment agreements can significantly reduce post-incident disputes. For employment arrangements under commercial cooperation frameworks, additional measures can also be taken to minimize potential legal risks.Specialised legal servicesCarry out overall compliance design.Beijing Henglu Law FirmIt is recommended to complete the path assessment within three months after the injury to avoid missing the appraisal and statute of limitations window.

VI. Frequently Asked Questions

Q1: Is there a high chance of winning the compensation claim?

Whether it's work-related injuries or personal injury cases, the basis for claims arising from work-related injuries is generally solid, but the differences lie in the specifics and standards of each case.

Q2: What evidence do I need to prepare?

Employment agreements or compensation certificates, attendance and work arrangement records, evidence from the scene of the accident, medical treatment and appraisal materials, and verification records of pension insurance benefits.

Q3: What are the approximate costs of attorney fees and litigation expenses?

Labor arbitration is free of charge. Personal injury lawsuits are charged based on the amount of the claim, and attorneys' fees are usually negotiated in stages or according to the percentage of the recovered amount.

Q4: How long does the process take?

If no agreement can be reached through negotiation, the process of workers' compensation typically takes several months, while personal injury lawsuits often require more than six months. If appraisal is involved, the appraisal period will be added to the total timeframe.

Q5: What should I do first?

First, check the situation of receiving pension insurance benefits and fix the evidence of the accident, and then ask a lawyer to evaluate whether to follow the path of work-related injury or personal injury.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

VII. Related public cases (for reference, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.](2023) Guangdong Provincial Higher People's Court Civil Case No. 5122 of 2023, Initial Case No. 1354
[Trial Court]Guangdong Rao Ping County People's Court (Second Instance: Chaoshan City Intermediate People's Court)
[Judicial Summary]When a worker exceeds the statutory retirement age and is not qualified to establish a labor relationship with the employer, the two parties shall be deemed to have a labor service relationship. However, if the worker suffers personal injury while working for the employer and is recognized as a work-related injury, and has not received basic pension insurance benefits, the employer may still be required to pay the relevant expenses in accordance with the work-related injury insurance benefits stipulated in the Guangdong Province Work-Related Injury Insurance Regulations (but should no longer receive a one-time disability employment subsidy). In this case, the compensation for a level 5 disability was determined to be 471,506.8 yuan.
[Source]The "Top Ten" Cases of Chaozhou Court in 2024 (Liu *xian's Dispute over Work-Related Injury Insurance Benefits with a Certain Environmental Protection Company) (2024)

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Miyun District, Beijing City (Second Instance: Beijing City Third Intermediate People's Court)
[Judicial Summary]Retired re-employed personnel form a service relationship with the employing unit rather than a labor relationship. Injuries suffered at work are not handled according to the work-related injury procedures, but according to the principle that the employer shall bear the liability for compensation if the employee suffers personal injury while engaged in employment activities. The re-employed personnel fell and were disabled (level 10) during work. The court ruled that the employing unit (and the dispatching unit) should jointly compensate for the transportation fees, nutrition fees, loss of income, nursing fees, disability compensation, appraisal fees, etc., totaling more than 100,000 yuan, based on the fault of both parties.
[Source]Beijing Court Network (Miyun District People's Court: Should the employer compensate if a rehired employee is injured and disabled during work?)(2023)

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 you encounter disputes, please consult a practicing lawyer in time.