What should I do if I hire a retiree and have a work-related injury?

Recruited retirees need to be compensated by the employer if they have work-related injuries, because the injuries of retirees are not work-related injuries, but personal injuries, and they need to be compensated by the employer themselves, and they cannot apply for work-related injury compensation. Compensation standards include medical expenses, lost time and so on.

1. How to compensate retirees for work-related injuries?

Retirees who continue to work after retirement are not work-related injuries and cannot get compensation for work-related injuries. It is compensated by the employer.

People's Republic of China (PRC) Civil Code

Article 1 19 1

The responsibility of the employer and the responsibility of the labor dispatching unit and the labor employing unit. If the staff of the employing unit causes damage to others due to the execution of work tasks, the employing unit shall bear the tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.

During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding responsibilities.

2. Is an accident on the way to work a work-related injury?

According to Article 14 of China's Regulations on Work Injury Insurance, those who are injured by traffic accidents or urban rail transit, passenger ferry or train accidents on their way to and from work can be identified as work-related injuries. Therefore, if they have a car accident on their way to work, if they are not the victims of the main responsibility, they can only be identified as work-related injuries.

Specifically, according to whether the employee is the injured party or the same injured car accident maker, it can be divided into the following situations:

1. If the employee is the injured party,

If there is a car accident on the way to work, the employee is the victim and the accident maker is the other party, then under the premise that the employee does not violate the road traffic management rules, the specific analysis can be made according to the employee's work style as follows:

(1) If an employee walks to work and is hit without violating the road traffic management rules, then as a traffic accident in which a pedestrian collides with a motor vehicle, the employee may not be the main responsible party, and may apply to the company for work-related injury treatment.

(2) If an employee takes a motor vehicle, including an electric car and a car, and a traffic accident occurs on the way, if the employee does not violate the road traffic management rules, then the main responsibility is not on the employee side. Therefore, the employee can also enjoy work-related injury insurance benefits.

In other words, no matter walking, driving or taking the bus, as long as the accident on the way to work is not the main responsibility, it can be identified as a work-related injury.

2. If the employee is a car accident maker,

On the contrary, if you walk to work or drive to work by yourself, the accident is mainly caused by your own reasons, then the situation is very different.

(1) If you walk to work and cause a car accident due to your own fault, according to the relevant provisions of China's road traffic safety law, the general motor vehicle party bears the no-fault liability, even if the person and the vehicle bear half the responsibility, it can also be considered as a work-related injury.

However, if an employee intentionally causes a car accident, such as bumping into a motor vehicle for the purpose of touching porcelain, committing suicide or claiming compensation from the insurance company for his family, according to the provisions of China's Road Traffic Safety Law, the motor vehicle is not liable for compensation. At this time, employees who walk to work as pedestrians not only have to bear all the responsibilities, but also have no right to claim tort damages.

(2) If you drive to work, and this accident is caused by your impatience to run a red light, then this employee is mainly responsible for the collision of two motor vehicles, so he can't get work-related injury insurance benefits.

Before employees retire, if they are identified as work-related injuries, and if they have already purchased insurance, they will be compensated by work-related injury insurance, and the insufficient part will be compensated by the employer. However, if the injured person is a retired and re-employed person, he can't be recognized as a work-related injury when he is injured again, and the employer can only compensate himself.