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Legal analysis: The writing format of the work-related injury compensation agreement: the work-related injury compensation agreement should first indicate the basic information of the two companies, the year, month, and day of the injured employee who was injured during the work and other relevant circumstances about the accident, and finally, the mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and stamped with the seal of the mediation organization, which shall be binding on both parties and shall be performed.
The workers' compensation agreement must be signed on an equal and voluntary basis by both parties. It must be an expression of the true intentions of both parties, and cannot be coerced or threatened.
Legal basis: Social Insurance Law of the People's Republic of China
Article 38 The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance certificate 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 for late drafts 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.
Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.
The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.
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1. The basic information of the employee, including name, position, work content, entry time, ID number, address, contact**, etc.;
2. Explain the time, place and cause of injury;
3. Compensation amount and payment term;
4. Termination of the rights and responsibilities of both parties;
5. Liability for breach of contract;
6. The agreement is signed and stamped into effect.
This is a template for a sample workers' compensation party's agreement, I hope it will be helpful to you. You can too
Sample workers' compensation party agreement.
Party A: Company.
In the event of an injury accident on the date of the year, in accordance with the relevant provisions of national laws and regulations and local regulations, both parties A and B have a clear understanding of the relevant laws and regulations, whether it is a work-related injury and its handling results. In order to settle the compensation matter, the two parties have reached the following agreement in accordance with the provisions of relevant laws and regulations in accordance with the principles of fairness and reasonableness, mutual understanding and mutual accommodation, honesty and trustworthiness, and through voluntary and equal consultation
1. Compensation amount: Party A shall pay Party B medical expenses; Other expenses are RMB, totaling RMB. Party B has obtained all the funds at the time of signing this Agreement.
2. Party B shall hand over all bills related to the accident, such as medical treatment, transportation, and escort, as well as all documents such as work-related injury identification reports and appraisal certificates, to Party A at the same time.
From the date of signing this agreement, Party B voluntarily waives other compensation claims. Party B voluntarily waives all rights arising from the occurrence and termination of the labor relationship between the two parties, Party B shall not claim any rights from Party A, Party A shall no longer bear any obligations, there shall be no dispute between the two parties, and one party shall waive all legal responsibilities of the other party.
3. Liability for breach of contract:
In any case, one party shall pay the other party a fee of RMB, including but not limited to investigation and evidence collection fees, transportation, communication expenses, lost work expenses, notary fees, and attorney fees.
Party A: Party B:
Please note: Due to transcoding, some of the content of the document may lose a few words and make the document flawed, please be sure to read it from beginning to end to confirm that there is no problem before using it
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ID number: Party B is an employee of Party A, and an injury accident occurred during the work period, and now Party B and Party A have reached an agreement on compensation for their injury through negotiation, which is as follows: 1. After Party B is injured, Party A has fully borne all the medical expenses, and Party B has been paying its salary every month during the period of injury and rest.
2. Since Party A does not participate in social insurance for Party B, Party A and Party B are now reaching an agreement through negotiation that Party B is familiar with the "Regulations on Work-related Injury Insurance" and the "Notice on Several Issues Concerning the Implementation of the Revised Regulations on Work-related Injury Insurance" of Zhejiang Province, and waives the application for work-related injury identification and disability identification in the labor department, and Party A will compensate Party B with a one-time compensation of RMB *** yuan (capitalization: *10,000 * thousand yuan) to Party B, (this paragraph includes the "Yuduan Work-related Injury Insurance Regulations" and Zhejiang Province's "On the Implementation of the Revised "" The "One-time Disability Subsidy, One-time Disability Employment Subsidy, One-time Disability Medical Subsidy, Food Subsidy, Nursing Fee, Suspension of Work and Pay Period" stipulated in the "Regulations on Work-related Injury Insurance" stipulates that all work-related injury insurance benefits such as one-time disability subsidy, one-time disability employment subsidy, one-time disability medical subsidy, food subsidy, nursing expenses, and period of suspension of work with pay. 3. After Party B receives the payment, it shall not seek other compensation from Party A, nor shall it file any legal procedures for this matter in the future.
Otherwise, Party B shall compensate Party B for the loss caused by the impact on Party A's production and operation. 4. Party B shall issue a receipt voucher when receiving the above compensation. 5. This Agreement is signed by both parties on an equal and voluntary basis, and is the true expression of the intention of both parties, and neither party has been coerced.
This Agreement shall come into force after being signed or sealed by both parties, shall be binding on both parties and shall be performed. State rent.
6. This Agreement shall be executed in duplicate, and Party A and Party B shall each hold one copy of the Closed Reputation. Party A (seal): Party B (signature): Signature of the representative: year, month and day [
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