Currently, the aging population in China continues to deepen, and more and more overage workers are joining the labor market, leading to related disputes. Can overage workers receive corresponding compensation for accidents that occur during their labor process? In October 2025, the Intermediate People's Court of Changzhou City, Jiangsu Province, concluded a dispute over work-related injury insurance benefits caused by disability of an overage worker during work. The judgment determined that although Ms. Liao, who is engaged in frontline operations, has exceeded the statutory retirement age, she still constitutes an over age employment relationship and should enjoy basic labor security rights. In March 2023, an overage female worker suffered amputation due to injury. Ms. Liao, a female worker from Sichuan who was over 52 years old at the time, joined a machinery company in Wujin District, Changzhou City as a front-line operator. Her monthly salary of 5000 yuan was an important support for her and her family. But unexpected events happened. In November 2023, while operating a press machine, Ms. Liao's left forearm was crushed by the machine and later diagnosed as a destructive injury, requiring amputation. The company said they would just give me some money, but what should I do in the future? ”Ms. Liao felt very helpless thinking that she had not participated in any insurance at the company and may not be able to receive work-related injury insurance benefits. Her worries also express the worries of some overage workers. In January 2024, Ms. Liao was identified as a work-related injury by the Wujin District Human Resources and Social Security Bureau, and in June of the same year, she was assessed as a Level 5 disability. The company paid 17000 yuan for medical expenses and agreed to pay a one-time disability allowance, but the two parties could not reach an agreement on long-term protection issues. Ms. Liao then sued the machinery company to the People's Court of Wujin District, Changzhou City, requesting compensation of 1.28 million yuan for work-related injuries. The first instance court held that according to the implementation rules of the Labor Contract Law, if the employee reaches the statutory retirement age, the labor relationship shall be terminated. Ms. Liao works as a front-line operator in a certain machinery company, and the legal retirement age for female workers in this position is 50 years old. Although Ms. Liao was over the statutory retirement age when she joined the company, whether her injury can be recognized as a work-related injury does not depend on whether she has established a labor contract relationship with the employer. Therefore, the administrative department makes a work-related injury recognition. The first instance court supported some of Ms. Liao's litigation requests in the judgment. According to the "Work Injury Insurance Regulations", the expenses paid for the work-related injury insurance benefits and standards enjoyed by her shall be borne by the employer, including the salary of 30000 yuan for the 6-month suspension period stated in the relevant certificates issued by the hospital, as well as the meal allowance and nursing expenses during hospitalization. However, as there is no labor relationship between the two parties, Ms. Liao cannot enjoy the monthly disability allowance. Therefore, the first instance court ruled that the employer should pay Ms. Liao a one-time compensation of more than 122000 yuan. Ms. Liao found it difficult to accept this result, so she chose to appeal. In the second instance of the revised judgment supporting disability allowance, the collegiate bench did not follow the traditional logic of "exceeding the age limit is not a labor relationship", but focused on the protection of rights and interests and substantive fairness. Work injury protection is a basic right of over aged workers and should not be deprived based on their age. ”The presiding judge of the second instance of the case introduced in an interview with a reporter from the Legal Daily that the collegiate bench focused on the following two key points: first, according to the spirit of the national policy document on delayed retirement, employers have the basic responsibility to protect the work-related injury rights and interests of over aged workers; Secondly, if Ms. Liao chooses the general path of personal injury compensation, her disability compensation can reach more than 600000 yuan. However, under the path of work-related injury compensation, if disability allowance is not supported, the compensation amount is only about 100000 yuan, which is a huge "relief price difference" that violates fairness and justice. Finally, the Changzhou Intermediate People's Court made a judgment in the second instance, revoking the judgment that did not support disability allowance in the first instance, and sentencing a certain machinery company to pay Ms. Liao a disability allowance of 70% of her salary on a monthly basis from June 28, 2024, that is, 3500 yuan per month, until she receives the basic old-age insurance benefits for urban employees, providing her with a basic guarantee for her future life. The judge stated that in addition to reflecting the legitimate protection of the rights and interests of over aged workers, ordering employers to pay disability allowances on a monthly basis can also alleviate the burden on employers to a certain extent. Thank you for the court's ruling, which made me feel the warmth of the law and gave me the courage to continue facing life. ”Ms. Liao, who received the second instance verdict, reignited her hope for life. It is suggested to unify the judgment standards, which is not only a warning to employers to regulate employment, but also a solid judicial support for overage workers. ”The presiding judge of the case stated that although the employer did not pay work-related injury insurance for overage workers in this case, it cannot exempt them from the main responsibility of legally bearing work-related injury benefits, which reflects the judicial authorities' emphasis on protecting the rights and interests of overage workers and is also in line with social good customs. With the continuous deepening of China's aging population, the phenomenon of employment disputes among over aged workers is becoming increasingly common. How to adapt to the needs of the times and protect the legitimate rights and interests of overage workers in accordance with the law has become an important issue facing current labor judicial practice. ”Associate Professor Gao Guoliang from Shiliang Law School of Changzhou University said. Gao Guoliang explained that the second instance judgment in this case held that the two parties constituted an over age employment relationship, which essentially adopted the theory of special labor relations. This characterization is conducive to strengthening the protection of the basic labor rights and interests of over age workers. In the context of relatively vague legal provisions, the second instance judgment has included disability allowance in the scope of work-related injury rights protection for over aged workers, which can have a good demonstration effect on the handling of similar cases. ”Gao Guoliang said. At the same time, Gao Guoliang suggested that the institutional rules for protecting the rights and interests of over aged workers can be unified and coordinated from the legislative and judicial interpretation levels, and the judgment standards of various judicial institutions can be unified to meet the development needs of China's aging society. (New Society)