Does the retirement age but not enjoying pension insurance benefits?

case

Zhao worked in a business in a company, and the unit did not pay social insurance for it. After Zhao reached the legal retirement age, the company decided to retain him due to work and solicited his opinions. He also agreed.

One day, Zhao was knocked down by a car on the way to get off work, causing a fracture of the left leg. The traffic police department determined that he had a responsibility in the accident. Afterwards, Zhao asked the unit to pay work injury insurance benefits and was rejected by the unit, and submitted an application for work injury to the local social insurance administrative department.

The unit believes that although Zhao is a traffic accident on the way to get off work, he has exceeded the retirement age. The two parties are only labor relationships, so the unit should not bear the liability for work injury compensation.

The social insurance administrative department believes that according to relevant regulations, Zhao has not enjoyed pension insurance benefits after reaching the legal retirement age, and continues to work in the original person unit. Traffic accidents that occur on the road of get off work on the way to work. treatment.

Analyze

Article 14 (6) of Article 14 (6) of the Regulations on the Insurance Insurance Insurance:

On the way to and from get off work, if the main responsibility of the non -owner is a traffic accident or urban rail transit, passenger ferry, and train accident damage, it shall be identified as a work injury.

"The Ministry of Human Resources and Social Security on the implementation of the" Prevention Insurance Regulations & Several Issues (II) "Article 2 stipulates:

To reach or exceed the legal retirement age, but fail to go through the retirement procedures or not enjoy the basic endowment insurance benefits of urban employees in accordance with the law, and continue to suffer accidents or occupational diseases during the work of the original person, the employer shall bear the liability for work injury in accordance with the law.

In summary, the social insurance administrative department determined that Zhao was in compliance with the law of work injury, and the unit eventually undertake Zhao's work injury insurance treatment.

Editor in this issue: Wang Yao

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