Can retired employees rehired receive workers’ compensation for injuries sustained at work?

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【Case Summary】 Ms. Xu, 57 years old this year, was rehired by her former employer, a hospital in Tiantongyuan, after retirement due to her excellent performance at work. In November 2015, Ms. Xu accidentally fell while checking in for work and sprained her left foot. For this reason, Ms. Xu rested at home for 2 months. During her leave, the hospital did not pay Ms. Xu any salary for her rehired position; the hospital argued that since she was rehired by the hospital, she should not be entitled to any benefits while not working. Ms. Xu believes that since she was injured while at work, it should be classified as a work-related injury in accordance with the Regulations on Work-Related Injury Insurance; the hospital should not only pay her two months’ salary but also provide compensation for the work-related injury as stipulated by those regulations. To this end, both parties went to the Tiantongyuan North Legal Aid Station for consultation. 　　【Legal Analysis】 The duty lawyer pointed out that, in accordance with the relevant policies of Beijing, Ms. Xu retired after reaching the statutory retirement age; she therefore does not meet the requirements to be considered an employer under labor law. Moreover, since she has already received basic old-age insurance benefits in accordance with the law, her situation should be treated as a labor service relationship and regulated by civil law. According to Article 11 of the \"Interpretations of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Compensation for Personal Injury\": If an employee suffers personal injury while carrying out employment duties, the employer shall bear the liability for compensation. The scope of compensation includes medical expenses, nursing fees, lost wages, hospital meal allowances, nutrition costs, transportation expenses, and more. Therefore, although Ms. Xu cannot be classified as having suffered a work-related injury, she can still request the hospital to provide appropriate compensation under the labor service relationship.