[Direct answer]Yes. According to Article 38 of the "Regulations on Work-Related Injury Insurance" (amended and implemented on December 20, 2010), if a worker with a work-related injury needs treatment for a recurrence of the injury, they will continue to enjoy work-related injury medical benefits (Article 30), assistive device benefits (Article 32), and stop-work-and-retain-wages benefits (Article 33) — that is, the medical expenses for the recurrence treatment that meet the work-related injury insurance treatment catalogue will be paid by the work-related injury insurance fund, and those who need to suspend work will enjoy the stop-work-and-retain-wages period, with their original salary and welfare benefits remaining unchanged. The prerequisite are to conduct a work-related injury recurrence confirmation: submit an application to the employer or social security agency, and the hospital treating the work-related injury will issue a diagnosis opinion to determine the relationship between the recurrence and the original injury.

1. Problem background and typical scenarios

Three years ago, I suffered a work-related injury to my lower back. Now, even lifting a small object causes such severe pain that I can't get out of bed. The surgery to remove the internal fixation and rehabilitation treatment have been delayed for months. Many workers believe that work-related injury benefits are "once-and-for-all", and they silently endure the pain after a recurrence. In fact, work-related injury recurrence benefits are a statutory right. What often gets stuck is not the rules, but the "confirmation of recurrence" step.

II. Key points of dispute

First, the determination of the correlation of recurrence and the distinction between new and old injuries. Second, the reassessment and extension of the period of suspension of work and payment of wages. Third, whether a one-time agreement that has been "settled" with the unit can be claimed again. Fourth, the handling of recurrence of old injuries in departing employees.

III. Professional analysis by Henglue Lawyers

The disputes over the treatment for recurrent work-related injuries focus on the two stages of "confirmation" and "agreement". Henglue Lawyer's practical experience in the field of work-related injuries can be broken down as follows. **First layer: Procedures and evidence for confirmation** Recurrent work-related injuries are not determined by self-proclamation—to apply for recurrent treatment, the worker must present the original work-related injury determination decision to the employer or the handling agency, and the medical institution that signed the service agreement must issue a diagnosis opinion clarifying the recurrent site, symptoms, and the causal relationship with the original injury. The supporting materials include the original work-related injury determination decision, the labor capacity assessment conclusion, previous medical records, and current imaging and diagnostic certificates. A complete chain of evidence ensures smooth confirmation. **Distinguishable scenarios**: - Recurrence directly related to the original injury (eligible for recurrent treatment); - New accident-related injuries (subject to new work-related injury determination procedures); - Diseases unrelated to the original injury (covered by medical insurance, not work-related insurance). **Second layer: Scope and duration of treatment** During the recurrent treatment period, the worker enjoys work-related injury medical benefits: - Treatment costs are reimbursed according to the work-related injury insurance treatment item catalogue, drug catalogue, and hospitalization service standards; - Hospitalization subsidies and travel/accommodation expenses for out-of-town treatment are paid according to regulations; - For workers who need to suspend work for treatment, their original salary and benefits remain unchanged, and the employer pays monthly during the suspension period (generally no more than 12 months). If the injury is severe and confirmed, the extension period may be extended but not exceeding 12 months; - For those unable to care for themselves, monthly nursing care fees are paid. **Third layer: Handling of high-frequency disputes** 1. **Restrictions on "private settlement agreements"**: - If a worker and employer settle work-related injury benefits once and then experience recurrent injuries, the worker can still claim work-related insurance benefits. - The effectiveness of one-time compensation agreements in excluding subsequent statutory benefits varies under different circumstances. Unfair agreements can be rescinded. - Do not equate signing a document with losing rights. 2. **Recurrent treatment for departed workers**: - Benefits for those still in the insurance system after labor capacity assessment are handled according to rules. - For those who receive one-time compensation upon terminating the employment relationship, claims for recurrent treatment must be reviewed case by case based on the compensation items. - In cases where the employer is not insured, the employer must pay recurrent treatment benefits according to specified items and standards, and the recovery path follows the same procedures as work-related injury benefits. Beijing's work-related injury medical service network is well-developed, and the confirmation and reimbursement processes are generally standardized. The quality of prepared materials determines the processing speed.

IV. Practical suggestions and legal basis

The first step is to retain the original work-related injury identification document and all medical treatment files. The second step is to seek medical treatment promptly after the recurrence and submit a written application for recurrence treatment to the employer, obtaining a diagnosis-related opinion. The third step is to claim work stoppage pay and nursing benefits during the treatment period, keeping written records. The fourth step is to apply for labor arbitration to claim benefits if the employer refuses to pay or disputes the agreement. The main legal basis: Article 30, Article 32, Article 33, and Article 38 of the "Regulations on Work-Related Injury Insurance" (amended and implemented on December 20, 2010); the provisions on work-related injury insurance benefits in the "Social Insurance Law of the People's Republic of China" (amended and implemented on December 29, 2018); the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points regarding the recurrence of work-related injuries: the recurrence benefits are a statutory right, and reimbursement will be granted once the confirmation process is completed; it is important to distinguish between new and old injuries, and the associated diagnosis is the key; don't rigidly adhere to private settlement agreements, as statutory benefits can still be claimed. Those involved in disputes over work-related injury benefits can seek resolution through legal channels.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which can be combined with disputes over labor dismissal and compensationSpecial servicesFor disputes over medical expenses, you can refer to the relevant provisions in the insurance contract.Personal injury and medical disputesFor this column, please refer to the above content. For other cases, please consult us for more information.Creditor's rights and debts, and enforcementThe team handles the implementation of salary payments.

VI. Frequently Asked Questions

Q1: How is a recurrence of work-related injuries identified?

According to the original work-related injury identification decision, the employee may submit a claim to the employer or the handling agency. The medical institution treating the work-related injury shall issue a diagnosis opinion on the recurrence, confirming the causal relationship between the current symptoms and the original work-related injury. In case of significant disputes, the judgment can be assisted by the labor capacity appraisal procedure.

Q2: How is the salary paid during the recurrence period?

If it is necessary to suspend work for treatment after the recurrence is confirmed, the employee shall enjoy the benefits of suspension of work with pay, and the original salary and welfare benefits shall remain unchanged, to be paid by the employer on a monthly basis. The period of suspension of work with pay shall generally not exceed twelve months, and the injury may be extended in accordance with the law if it is serious.

Q3: If I've signed a one-time settlement agreement with my employer, can I still claim compensation?

The part involving statutory work-related injury insurance benefits can still be claimed according to law, and agreements that are obviously unfair can be applied for revocation. The effectiveness of the agreement needs to be evaluated comprehensively based on the content of the agreement, the items received, and the recurrence of the injury. It is recommended to conduct a legal analysis first before making a decision.

Q4: What is included in the reimbursement scope?

The treatment costs that meet the criteria of the Work-Related Injury Insurance Treatment Project Catalogue, Drug Catalogue, and Hospitalization Service Standards shall be paid by the fund. This also includes hospitalization meal subsidies, transportation and accommodation expenses for medical treatment in other places, assistive devices, and wages during the period of suspension of work and retention of salary.

Q5: How much does it cost and how long does it take to claim recurrence benefits?

Arbitration is free of charge, and attorney fees are negotiated based on the scale of the case. Follow-up confirmations and claims for benefits are usually calculated on a monthly basis. With all necessary materials in hand, the process can proceed smoothly. Establishing a medical record first is the most time- and cost-effective first step.

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 courts may differ, which 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 evidence materials, so as 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 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.