Can I ask for a misunderstanding fee after retirement?Xiamen's latest jurisprudence →

Although many elderly people have spent their retirement age, they still glow in some positions and pay for labor collection. However, this type of elderly people who exceed the retirement age, will the court support because of injuries? Let's take a look at a case released by the Xiang'an Court.

In 2020, Chen (65 years old at the time of injury) was hired by Peng, and provided a small mud water service for Wu Mou's self -built house decoration. During the construction process, Chen used two rounds of fighting vehicles to carry bricks, passing the temporary laying to connect with the wooden Poipo Road for the indoor and outdoor venues of the house, because of its unstable center of gravity when operating the two rounds of fighting cars, resulting in the handle of the fighting vehicle. At the beginning, the right eye was injured by the handle of the cart.

After being identified, Chen's right eyeball dislocated on the right eye due to the accident, and the right eye was caused by multiple damage, which constitutes the eight -level disability of the human body.

Chen's prosecution requested Peng to compensate for medical expenses, misunderstandings, and disabled compensation for more than 370,000 yuan.

Regarding Chen's misunderstanding fee, Peng proposed that although Chen's misunderstanding period was rated for 180 days, Chen had exceeded the retirement age and began to receive retirement social security. In social activities, whether Chen reached the "misalignment period of 180 days of mistakes" by the appraisal agency, it was impossible to predict and cannot exclude the possibility of no mistakes.

The court believes that although Chen has surpassed the legal retirement age when he was injured, he was injured during the provision of labor services for Peng. It can be seen that Chen was still engaged in labor activities before he was injured and had an independent source of labor income. The labor capacity has not been fully lost because it has exceeded the legal retirement age, so its demand for misunderstanding of labor costs is based on the law, and it should be supported according to law.

After the case was judged, the original and defendants were not appealed, and the case has taken effect.

【Judge's saying】

Elderly participate in labor

Legal income is protected by law

In some cases of the dispute over the infringement liability involved in the elderly, the defendant often believes that the victims have surpassed the legal retirement age, and there is no misunderstanding fee or a misunderstanding fee. support.

However, the legal income of the elderly participating in labor was protected by law. Chen's accident was still engaged in labor activities at the time of the accident. It can be seen that he still has the ability to get rewards through labor, and it can prove the income state before the accident. The reduction of the income of the migrant workers should be compensated in accordance with the law.

Xiamen Daily reporter Tan Xinyi Xiang Fa Xuan

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