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In your case, after you retire from the unit, you are actually no longer a staff member, I don't know what agreement you signed with the unit after retirement? Of course, no matter what the situation is, if you are injured during the working hours of the unit, it should be a work-related injury, but the work-related injury benefits are different, if the employer has been paying for you work-related injury insurance, the work-related injury benefits are the same as those of the in-service, and the relevant work-related injury expenses are paid by the social security department. If the employer does not pay work-related injury insurance for you, the employer is responsible for paying for the expenses arising from your work-related injury.
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In your case, you are a rehired employee of the unit. The employer pays you a salary. Labor protection products will be sent to you. It's no different from working people. It's just that there is no right to vote and to be elected. In the event of a work injury. Work-related injuries can be assessed.
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Normally, after retirement, you can't work in the workplace. Because you can't get work-related injury insurance during this time period, if you want to be responsible, the company will also be responsible for you. It's already a big risk for your former employer to get you to work.
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It should be possible, although he is retired, he has not left his post, he is still working in his original unit, and he was injured at work, which should be a work-related injury.
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If you are injured at work, you can report the work-related injury as long as you have a certificate or document of the employer's anti-employment in accordance with the relevant provisions of the labor law.
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Probably not, because you are not an in-service employee, the safety management department has no right to do it!
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There is no work-related injury insurance for returning to work after retirement.
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Legal Analysis: After retirement, but still at work, you cannot claim work-related injury compensation, but can only claim personal injury compensation. Because there is no longer an employment relationship between the retired employee and the employer, he or she cannot participate in work-related injury insurance.
If you are injured at work, if you can't negotiate with the unit, you can only solve it through civil means, that is, you can directly sue the unit in court for personal injury compensation.
Legal basis: Social Insurance Law of the People's Republic of China
Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
Article 37 Where an employee is at work due to any of the following circumstances, it shall not be found to be a work-related injury: (1) intentionally committing the crime of open collapse; (2) Drunkenness or drug abuse; (3) Self-harm or suicide; (4) Other circumstances provided for by laws and administrative regulations.
Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the State: (1) Medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.
Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.
If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.
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Legal analysis: If you have retired and can receive pension insurance benefits, the compensation unit for work-related injuries does not need to be compensated.
Legal basis: Article 16 of the Social Insurance Law of the People's Republic of China Individuals who participate in the basic endowment insurance and have paid contributions for 15 years when they reach the statutory retirement age shall receive the basic pension on a monthly basis.
Individuals who participate in the basic endowment insurance and have paid contributions for less than 15 years when they reach the statutory retirement age can pay for 15 years and receive the basic pension on a monthly basis; It can also be transferred to the new rural social endowment insurance Tongheng or urban residents' social endowment insurance, and enjoy the corresponding pension bureau key insurance treatment in accordance with the regulations.
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