The factory has given up the compensation for the work related injury, but the general request for a

1. Employees injured at work should do a labor ability appraisal (disability appraisal). If there is a disability level in the assessment, the social security will pay the employee a lump sum disability allowance in addition to the expenses incurred during the medical treatment. When terminating the employment relationship, the employer also needs to pay the employee a one-time employment subsidy or a one-time medical subsidy.

2. The legal basis is the Social Insurance Law

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

It depends on the condition of your injury, if you are now well and have a scar, you can take the hospital's diagnosis report and receipt, and go for an appraisal, if you are healed and there is no scar. Refusal, of course

Whether the parties to a workers' compensation agreement can agree to waive the right to sue is currently controversial. There are different views on whether the parties can agree to waive the right to sue. One view is that article 13 of the Civil Procedure Law stipulates that "the parties have the right to dispose of their civil rights and litigation rights within the scope prescribed by law", and that the parties' agreement to waive the right to sue is a manifestation of the exercise of the right to dispose of their own right of action, and is therefore valid.

The second view is that there is a difference between agreeing to waive the right of action and disposing of the right to sue, and the right to sue is a statutory right, and both its waiver and exercise need to be carried out in accordance with the law, and the statutory right cannot be waived by agreement. The third view is that, according to the provisions of the Civil Procedure Law, the parties have the right to dispose of their procedural rights within the scope prescribed by law, but the parties' exercise of the right of disposition and waiver of their procedural rights shall not violate the provisions of the law and harm the public interest. However, if the private agreement is made under the premise of work-related injury identification and labor ability appraisal, the injured employee has an understanding of the benefits he can obtain, and the process of negotiation between the two parties is the process of combining their own actual situation and conducting a game, and they should have the ability to predict the risks of expected bizhuo.

If there is no fraud, coercion, taking advantage of the danger of others, or manifest unfairness, the agreement shall be valid, otherwise it shall be invalid. If the agreement is valid, it cannot be reversed. Jiangsu Provincial High People's Court, Guidelines for the Trial of Labor Dispute Cases 2012

3. After a work-related injury suffers a worker, after the employer and the employee reach a compensation agreement, the employee files arbitration or litigation to demand compensation from the employer in accordance with the work-related injury insurance benefits, the validity of the agreement shall be handled according to the circumstances

1) If the compensation agreement is signed on the premise that the employee has been recognized as a work-related injury and assessed the level of disability, and there is no fraud, coercion or taking advantage of the danger of others, it shall be deemed valid; However, if the employee can provide evidence to prove that there is a material misunderstanding or obvious unfairness in the agreement, and the circumstances of contract modification or revocation are met, the employee may take action according to the circumstances.

2) If the compensation agreement is signed without the labor administrative department determining the work-related injury and assessing the disability level, and the actual compensation received by the employee is significantly lower than the statutory work-related injury insurance treatment standard, the compensation agreement may be changed or revoked, and the employer may be awarded to supplement the difference between the two parties that is lower than the work-related injury insurance benefits.

Legal analysis: China's employees voluntarily give up work-related injury identification is legally effective, and when employees choose to voluntarily waive work-related injury identification, they need to make a letter of commitment to waive work-related injury identification. The company's request to sign a waiver is a serious violation of the Social Insurance Law and is invalid.

Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located. In accordance with the provisions of the first paragraph of this article, the provincial-level social insurance administrative department shall handle the work-related injury determination by the social insurance administrative department at the districted city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of an injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits that comply with the provisions of these Regulations during this period.