专业团队

一、工伤事故可以走法律程序吗

工伤事故产生纠纷的，可以走法律程序解决。法律程序包括提起诉讼或者申请劳动仲裁。如果对工伤认定结果不服的，可以提起行政诉讼或者申请行政复议。

《中华人民共和国工伤保险条例》

第五十五条 有下列情形之一的，有关单位或者个人可以依法申请行政复议，也可以依法向人民法院提起行政诉讼：

(一)申请工伤认定的职工或者其近亲属、该职工所在单位对工伤认定申请不予受理的决定不服的;

(二)申请工伤认定的职工或者其近亲属、该职工所在单位对工伤认定结论不服的;

(三)用人单位对经办机构确定的单位缴费费率不服的;

(四)签订服务协议的医疗机构、辅助器具配置机构认为经办机构未履行有关协议或者规定的;

(五)工伤职工或者其近亲属对经办机构核定的工伤保险待遇有异议的。

二、已满60周岁工作受伤可以认定工伤吗

首先，公司与员工建立劳动关系，在劳动关系存续期间员工受伤，可以认定工伤，享受工伤待遇。

不过，已达退休年龄继续工作的，跟公司建立劳务关系，所以工作受伤不能认定工伤，不过，可以主张人身损害赔偿。

并且，按照人身损害赔偿规定，这时候可以主张以下费用：

1、医疗费;

2、误工费;

3、护理费;

4、交通费;

5、住宿费;

6、住院伙食补助费;

7、必要的营养费;

8、残疾赔偿金;

9、残疾辅助器具费;

10、被扶养人生活费;

11、康复费;

12、护理费;

13、后续治疗费;

14、精神损害抚慰金。

其次，员工已达退休年龄，但是社保缴费年限不够，即未达15年，退休员工继续工作的，将按劳动关系处理。

1、 Can work-related accidents go through legal procedures

Disputes arising from work-related accidents can be resolved through legal procedures. Legal proceedings include filing a lawsuit or applying for labor arbitration. If you are dissatisfied with the determination of work-related injuries, you can file an administrative lawsuit or apply for administrative reconsideration.

Regulations of the People's Republic of China on Work Injury Insurance

Article 55: If any of the following circumstances occur, the relevant unit or individual may apply for administrative reconsideration in accordance with the law, or file an administrative lawsuit with the people's court in accordance with the law:

（1） The employee or their close relatives who applied for work-related injury recognition, or the employee's unit, are dissatisfied with the decision to reject the application for work-related injury recognition;

（2） Employees who apply for work-related injury recognition, their close relatives, or their employer are dissatisfied with the conclusion of work-related injury recognition;

（3） Employers are dissatisfied with the unit payment rate determined by the handling agency;

（4） Medical institutions or auxiliary device configuration institutions that have signed service agreements believe that the handling institution has not fulfilled relevant agreements or regulations;

（5） Employees with work-related injuries or their close relatives have objections to the work-related injury insurance benefits approved by the handling agency.

2、 Can work-related injuries be recognized as work-related injuries if one is over 60 years old

Firstly, the company establishes a labor relationship with its employees. If an employee is injured during the existence of the labor relationship, it can be recognized as a work-related injury and enjoy work-related injury benefits.

However, those who have reached retirement age and continue to work have established a labor relationship with the company, so work-related injuries cannot be recognized as work-related injuries. However, personal injury compensation can be claimed.

Moreover, according to the regulations on compensation for personal injury, the following expenses can be claimed at this time:

1. Medical expenses;

2. Lost time expenses;

3. Nursing expenses;

4. Transportation expenses;

5. Accommodation fees;

6. Hospitalization meal allowance;

7. Necessary nutritional expenses;

8. Disability compensation;

9. Disability assistive device fees;

10. The living expenses of the dependent;

11. Rehabilitation expenses;

12. Nursing expenses;

13. Subsequent treatment fees;

14. Mental distress compensation.

Secondly, if an employee has reached retirement age but the social security payment period is not enough, that is, less than 15 years, and continues to work, they will be treated as labor relations.