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Party A: Party B: ID Number: ID Number:
After equal and friendly negotiation between Party A and Party B, the following agreement was reached on the issue of Party A giving Party B economic compensation:
1. On the date of the year, Party A and Party B signed the "Labor Contract", stipulating that Party A shall hire Party B to be responsible for Party B's work content and working hours). On Sunday, Party B was found injured and fainted at his residence, and after treatment, Party B is now basically **. However, Party B did not know the reason for the injury and other relevant circumstances, and the public security organs have not yet found out after reporting to the police.
2. In view of the fact that Party B is in the accommodation provided by Party A, and may be injured in the process of engaging in labor work, Party A shall deem Party B to be injured in the employment activities after negotiation between Party A and Party B, and shall give Party B a one-time economic compensation of RMB in capital letters with reference to the relevant laws and regulations of the state on employer's liability and work-related injury compensation, of which RMB has been paid, and the remaining RMB shall be paid within days after the signing of this agreement. This compensation includes, but is not limited to:
1. Party B's expenses due to medical treatment and income reduced due to lost work: such as medical expenses (including medical expenses that have been incurred, found to have not occurred, injuries and illnesses), nursing expenses, nutrition expenses, hospital meal subsidies, transportation expenses, wages and benefits during the period, etc.;
2. Party B's necessary expenses due to injury, income reduction due to reduced working ability, follow-up expenses, etc.;
3. One-time injury subsidy, one-time injury allowance, one-time work-related injury medical subsidy, one-time employment subsidy, etc.;
4. Solace for injured spirits, etc.;
3. If Party A considers that Party B was injured in the course of employment activities and gives Party B economic compensation, Party A has the right to request Party B to refund the economic compensation under the agreement if it is ascertained by the public security organ or there is other evidence that Party B was not injured as a result.
4. Party A shall ensure that Party B shall pay the economic compensation agreed in this Agreement on time and in full.
5. The compensation under the agreement is a one-time comprehensive compensation, and Party A and Party B have fully considered the expenses and losses incurred by Party B due to the injury, and Party B guarantees that Party B shall not claim rights against Party A on the grounds of injury or work-related injury in employment, and shall not claim rights against Party A's partners, partners (land subcontractors, employers) and other related parties confirmed by Party A.
6. This Agreement shall be executed in duplicate by each party, which shall have the same legal effect and shall come into force after being signed by both parties.
Party A: Party B:
Date: YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
It is necessary to simply record the basic information of the two sides, and it needs to be clearly stated that it is drawn up on the principle of equal consultation. In order to avoid disputes, the agreement also needs to specify why it was drafted, that is, what kind of loss the injured party has suffered, how the other party should pay more economic damages, and how to pay it.
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1. How to write the compensation agreement.
1. The content of the compensation agreement is as follows:
1) Basic information of Party A and Party B;
3) Signature of both parties. The agreement is a one-time termination agreement, this agreement shall be executed in duplicate, one copy by each party, and shall come into force after being signed or fingerprinted by both parties, and each party shall use this as a basis for the full and earnest performance of this agreement, and shall not be entangled for any reason.
2. Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or identified 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 submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. 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 close relatives 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 social insurance administrative department of the coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled 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 work-related 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 incurred during this period that comply with the provisions of these Regulations.
2. What materials are required for disability evaluation?
1. Notice of work-related injury determination issued by the labor administrative department;
2. Appraisal form of work-related disability grade;
A copy of the applicant's ID card;
3. Medical records;
4. Disease diagnosis certificate and other related materials. Submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts in a timely manner.
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The economic compensation agreement should first have some basic information about the parties in dispute, such as name, ** number, ID number, etc.; Secondly, there must be the facts that give rise to disputes, that is, the legal facts that give rise to economic compensation, such as if a traffic accident causes injury, the perpetrator and the victim can reach a negotiation on compensation on the basis of voluntary agreement under the coordination of the traffic police. For example, simply write about the process of the traffic accident, the location of the accident and the degree of injury of the victim of the incident. After negotiation between the two parties, Lianlu should specify the specific amount of compensation for the perpetrator, the payment method of compensation and the time limit for compensation, and finally some measures to resolve the breach of this agreement by both parties.
Finally, both parties can sign and seal.
Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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Compensation Agreement Party A: Party B: After consultation between the two parties, Party A) and Party B have reached the following agreement on the compensation matter in this matter, in line with the principles of equality, voluntariness and fairness, and through friendly negotiation:
1. Party A is willing to compensate Party B for medical expenses, lost work expenses, transportation expenses, accommodation expenses, spiritual solace and other total yuan in a lump sum. 2. Payment time and (method): 3. After the above-mentioned fees are paid to Party B, Party B shall arrange the distribution and disposal by itself, and the method and consequences of the distribution and disposal shall no longer have any relationship with Party A.
4. After Party A fulfills its obligation to compensate, Party B guarantees that it will not make any other claims for compensation or compensation costs to Party A in any form and for any reason. 5. After Party A fulfills the obligation of compensation, the handling of this matter shall be terminated, and Party A and Party B shall no longer have any rights and obligations. In the future, the results of this compensation accident and the results derived from this incident shall also be borne by Party B, and Party A shall no longer bear any responsibility for this.
6. After the signing of this Agreement, both parties shall use this as a basis for the full and earnest performance of this Agreement and shall not entangle them for any reason. In case of breach of contract, in addition to the breaching party compensating the other party for the losses caused thereby, the breaching party shall also bear the liquidated damages. 7. This Agreement is the result of equal and voluntary negotiation between the two parties, and is the true expression of the intention of both parties, and is fair and reasonable.
8. The content of this agreement has been read and understood by both parties in full, and both parties understand the (legal) consequences involved in violating this agreement, and both parties are completely satisfied with the settlement of this agreement. 9. This Agreement is a one-time termination agreement. 10. This Agreement shall be executed in duplicate by both parties, which shall have the same legal effect and shall come into force after being signed by both parties.
11. Appendix to the Agreement Party A: Party B: Witness:
Article 1179 of the Civil Code.
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The contents of the compensation agreement are as follows:
1. The information of the parties, including their names and contacts, etc.;
2. Explain the purpose, reasons and basis for entering into the agreement, make a clear explanation of the compensation issue, and clarify the rights and obligations of both parties;
3. Write the signatures of both parties to the agreement at the place of payment and affix the official seal;
4. The time when the agreement is signed.
1. The template of the compensation agreement is as follows:
Indemnification Agreement.
After consultation between the two sides, the following agreement has been reached on the matter of compensation in this matter, based on the principles of equality, voluntariness and fairness, and through friendly consultations:
1. We are willing to pay a one-time compensation for medical expenses, lost work expenses, transportation expenses, accommodation expenses, and spiritual solace in total.
2. Payment time and method:
3. After the above fees are paid to Party B, Party B shall arrange the handling by itself, and the manner and consequences of the arrangement shall no longer have any relationship with Party A.
4. After Party A fulfills the obligation of compensation, Party B guarantees that Party B will not make any other claims for compensation to Party A in any form and for any reason.
5. After Party A fulfills the obligation of compensation, the handling of this matter will be terminated, and Party A and Party B will no longer have any rights and obligations. In the future, the result of this compensation accident shall also be borne by Party B, and Party A shall no longer bear any responsibility for this.
6. This Agreement is the result of equal and voluntary negotiation between the two parties, and is the true expression of the intention of both parties, and is fair and reasonable.
7. Party A and Party B have read and understood the full text of this Agreement, Party A and Party B understand the consequences of violating this Agreement, and Party A and Party B are fully satisfied with the results of this Agreement.
8. This Agreement is a one-time termination agreement, this Agreement shall be executed in duplicate, one copy by each party, and shall come into force after being signed or fingerprinted by both parties, and both parties shall use this as a basis for the full and earnest performance of this Agreement, and shall not be entangled for any reason.
9. Party B has nothing to do with any physical or mental problems in the future.
10. Others: Party A: Seal.
Party B: Witness:
YYYYYYYYYYYYYYYYY
2. The conditions for the legally effective compensation agreement are as follows:
1. The perpetrator has the corresponding capacity to act;
2. The meaning is true;
3. The content does not violate the law and the public interest of society.
In short, the written content of the compensation agreement needs to include the information of the parties, including names or titles, contact information**, etc.; Explain the purpose, reasons and basis for entering into the agreement, make a clear explanation of the issue of compensation, and clarify the rights and obligations of both parties; Write the signatures of both parties to the agreement at the checkout and affix the official seal; The time when the agreement was signed. The writing of the compensation agreement needs to have the corresponding capacity for conduct, the expression of intention is true, and the content does not violate the law and the public interest.
Civil Code of the People's Republic of China
Article 465:Contracts established in accordance with law are protected by law.
A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
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