In case of recurrence of old industrial injury, the employee or his/her close relatives and the unit to which he/she belongs should submit an appraisal application to the local labor capacity appraisal committee. Whether it is a recurrence of industrial injury or not should be subject to the appraisal conclusion. If it is a recurrence of industrial injury, the employee can enjoy the treatment of industrial injury, including medical expenses, pay for work stoppage and compensation for disability aids.
List of contents of this article: 1. How to apply for recurrence of industrial injury? 2. How to compensate for work-related injuries over legal age?
How to apply for recurrence of industrial injury?
In case of recurrence of industrial injury or old injury, it is necessary to apply for reexamination and appraisal of labor capacity to the Labor Capacity Appraisal Committee. Those who suffer from recurrent work-related injuries can enjoy relevant work-related injury benefits.
Regulations on Industrial Injury Insurance
Article 28 After one year from the date when the conclusion of the appraisal of labor capacity is made, the injured worker or his close relatives, the unit to which he belongs or the agency in charge may apply for reexamination and appraisal of labor capacity if they believe that the disability situation has changed.
Article 38 If an injured worker has a recurrent injury and needs treatment after confirmation, he or she shall enjoy the treatment for industrial injury as stipulated in Articles 30, 32 and 33 of these Regulations.
How to compensate for work-related injuries over legal age?
If an employee is injured at work after reaching the statutory retirement age, he/she cannot enjoy the treatment of work-related injury, because he/she cannot apply for recognition of work-related injury, but the employee can claim compensation according to personal injury, and the compensation standard needs to be determined according to the degree of injury.
Civil Code
Article 1179 Where a person infringes upon another person and causes personal injury, he shall compensate for the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital board subsidies, as well as the reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.
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