With the increasing willingness of the "silver haired generation" to re-enter the workforce, their occupational safety has also received much attention. A reporter's investigation found that in cases where it is unclear whether over aged workers can be recognized as work-related injuries and how to implement post injury benefits after being injured, some "over aged" workers often have labor disputes with their companies over specific compensation issues. Although I have reached retirement age, I haven't started receiving retirement benefits yet. I wanted to take advantage of my good health to earn some more money, but unexpectedly got injured at work. Fortunately, I finally received the subsidy Speaking of his own experience, Wang Ping (pseudonym) still feels scared to this day. Recently, after the final judgment of the Intermediate People's Court of the First Division of the Xinjiang Production and Construction Corps, Wang Ping received a one-time disability subsidy of 35267.4 yuan, a one-time employment subsidy of 97965 yuan, a one-time work-related injury medical subsidy of 45717 yuan, and accompanying expenses of 6531 yuan. Three years ago, Wang Ping, who had reached the statutory retirement age, worked in a sanitation company and was involved in a traffic accident during his employment. After being injured, Wang Ping had a dispute with his company over compensation for the injury. The case was judged by the court, and Wang Ping ultimately recovered his legitimate rights and interests. The basis for claiming compensation for "labor" and "service" is different. On July 15, 2021, Wang Ping returned to work as a sanitation worker after retirement. One day after working for over two months, Wang Ping encountered a traffic accident while picking up garbage on the lawn in the middle of the road. On November 1, 2022, the first instance court confirmed the existence of a labor relationship between Wang Ping and a company in Xinjiang. In January 2023, the local Human Resources and Social Security Bureau recognized Wang Pingyu as having a work-related injury and a disability level of 9. On December 18, 2023, the local labor dispute arbitration committee ruled that the labor relationship between Wang Ping and a company in Xinjiang was terminated on November 15, 2021; The company should pay Wang Ping's salary and various subsidies. A company in Xinjiang is dissatisfied and has filed a lawsuit with the court. After the first and second trials in court, Wang Ping received support for work-related injury benefits. Like Wang Ping, Zhang Shan (pseudonym), who used his remaining energy after retirement, was also injured at work. Zhang Shan has been enjoying retirement benefits since August 2021. On October 19, 2021, Zhang Shan accidentally fell and was injured while working, with a disability level of level 10. During the claim process, Zhang Shan had a dispute with his company. After being tried by two levels of courts, Zhang Shan received disability compensation of 69138 yuan, lost wages of 15523.17 yuan, and compensation for mental damages of 1000 yuan. In the trial of the Zhang Shan case, the court held that Zhang Shan suffered personal injury to an outsider while being employed to provide labor services, and had the right to request the company to assume compensation liability in accordance with the Civil Code of China. Does the exception provision for work-related injury determination require the existence of a labor relationship as a prerequisite? The reporter learned from the interview that the traditional view holds that only with a labor relationship can it be recognized as a work-related injury, but there are also exceptions. In May 2020, 58 year old Ma Juan (pseudonym) applied for a cleaning position at a property company in Urumqi and clearly stated to the recruiters that she was a retired employee and did not need the company to pay her social security. In fact, Ma Juan has participated in the basic pension insurance for urban and rural residents, but has not yet received pension benefits. On November 23, 2020, Ma Juan was injured while working. The local labor arbitration commission confirmed that Ma Juan had a labor relationship with the property management company on November 23, 2020. The local court also ruled that there was a labor relationship between the two parties, and the Urumqi Intermediate People's Court upheld the original verdict. After the verdict, a property company in Urumqi filed a retrial application. The Higher People's Court of Xinjiang Uygur Autonomous Region has made a civil ruling, ruling to bring the case to trial and determining that there was no labor relationship between Ma Juan and a property company in Urumqi on November 23, 2020. The court believes that the existing evidence indicates that Ma Juan and the property management company did not sign a labor contract, and both parties lacked the intention to establish a labor relationship. The reason why Ma Juan is currently unable to enjoy pension insurance benefits is that she is under 60 years old and has paid for less than 15 years. Therefore, the property management company has no subjective fault for Ma Juan's failure to enjoy pension insurance benefits, and the relationship between the property management company and Ma Juan cannot be recognized as a labor relationship. Although the two parties cannot establish a labor relationship, the judge pointed out that for migrant workers hired by the employer who are over the statutory retirement age and suffer injuries or fatalities during working hours, the relevant provisions of the Work Injury Insurance Regulations should be applied for work-related injury identification. Although Ma Juan cannot establish a labor relationship with the property management company due to exceeding the statutory retirement age, it does not affect the identification of her work-related injury and does not have an actual impact on her rights and interests. According to the Reply of the Administrative Trial Division of the Supreme People's Court on whether work-related injuries can be recognized for migrant workers who are over the statutory retirement age and suffer work-related injuries during working hours, if an employer hires migrant workers who are over the statutory retirement age and suffer work-related injuries during working hours or due to work reasons, the relevant provisions of the Work Injury Insurance Regulations shall be applied for work-related injury recognition Lawyer Wu Yunfu, a partner at Fujian Jinhaiwan Law Firm, commented on the case. The regulations on over age employment vary in different regions. "This judicial interpretation of the Supreme People's Court has made clear provisions on the recognition of work-related injury compensation for migrant workers' employment. In judicial practice, there are still many over age workers who cannot be recognized as work-related injuries because they do not have a labor relationship." Wu Yunfu said, "Whether over age workers and employers constitute a labor relationship also varies in different regions." Amena Abulimiti, director of the Civil and Commercial Law Department of the Law School of Xinjiang University of Finance and Economics, told reporters that there is currently no unified national regulation on whether workers who have reached the statutory retirement age but have not yet completed retirement procedures or have not legally enjoyed pension insurance benefits or received retirement benefits constitute a labor relationship with their units. For example, Guangdong Province stipulates that "when an employer hires workers who have reached the statutory retirement age but have not yet enjoyed basic pension insurance benefits or received retirement benefits, the employment relationship formed between the two parties shall be treated as a labor relationship. Beijing, Jiangsu, Zhejiang, Sichuan, and Anhui also have similar regulations. However, in some places, it is determined based on specific differences. For example, according to Shanghai regulations, for those who have reached the statutory retirement age and have not terminated their labor contract with the employer to continue to be employed, and have not completed the retirement procedures, they will be treated as labor relations; For those who have reached the statutory retirement age, if the employer terminates the labor contract with them and they do not enjoy the pension insurance benefits due to insufficient payment years, the worker can enjoy the pension insurance benefits as long as they pay the social security premiums. If there is a dispute with the reemployment employer, it shall be handled according to the labor relationship. It can be seen that the current legal provisions still need to be further improved and unified in protecting the rights and interests of over aged workers Amina Abulimiti suggested that the labor administrative department should play a good role in job introduction, employment guidance and other administrative functions, and employers should also strengthen their awareness of insurance and responsibility. Wu Yunfu suggested that workers can negotiate with the employer to specify in the employment agreement that the employer should purchase personal accident insurance for them, and the employer can also purchase employer liability insurance at the same time to reduce employment risks. (New Society)