Can a 68-year-old security guard in Dongguan apply for a work-related injury if he dies at work?

When a security guard reaches the age of 6, he/she is not qualified as a legal worker. What the employer employs is not a labor relationship, is not subject to the adjustment of labor laws and regulations, is not applicable to the Regulations on Work-related Injury Insurance, and cannot apply for work-related injury identification. In case of accident injury at work, the employing unit shall be liable for compensation according to personal injury, but if I am at fault, the liability for compensation may be reduced.

However, according to Article 2 of Opinions on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance issued by the Ministry of Human Resources and Social Security (No.29 [216] of the Ministry of Human Resources and Social Security), if a security guard has worked in the company before he is 6 years old and has not retired to receive a basic pension, he can apply for work-related injury identification, and the employer shall bear the responsibility for work-related injury insurance; Those who have paid work-related injury insurance premiums can also be identified as work-related injuries and enjoy work-related injury insurance benefits.

the Supreme People's Court

Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III)

Law Interpretation [21] No.12

Article 7 Where an employing unit has an employment dispute with its employees who have enjoyed pension insurance benefits or received pensions according to law, the people's court shall handle it according to labour relation.

Ministry of Human Resources and Social Security

Opinions on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (II)

No.29 [216] issued by the Ministry of Human Resources and Social Security

II. If the employee reaches or exceeds the statutory retirement age, but fails to go through the retirement formalities or enjoy the basic old-age insurance benefits for urban workers according to law, and continues to suffer from accidents or occupational diseases while working in the original employer, the employer shall bear the responsibility for work-related injury insurance according to law.

if an employer recruits a person who has reached or exceeded the statutory retirement age or has received the basic old-age insurance benefits for urban workers, and suffers from accidents or occupational diseases due to work reasons during the employment period, if the employer has paid work-related injury insurance premiums for him according to the project insurance, the Regulations on Work-related Injury Insurance shall apply.

Further reading: How to buy insurance, which is better, and teach you how to avoid these "pits" of insurance.