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How to Write a Lump Sum Compensation Agreement for Workers' Compensation.
Sample lump sum compensation agreement for workers' compensation.
Party B accidentally caused a foot injury during the work at Party A's construction site, and after the incident, Party A sent Party B to the hospital for ** as soon as possible, and properly handled and resolved Party B's injury. In order to solve the one-time compensation of Party B, in accordance with the relevant national laws and relevant local laws and regulations, the two parties voluntarily reach the following agreement based on the principles of fairness and reasonableness, mutual understanding and mutual accommodation, honesty and trustworthiness
1. Amount of compensation.
1. The medical expenses, transportation expenses and other expenses actually incurred by Party A from the date of injury to the date of signing this Agreement shall be paid by Party A in total RMB (capital: RMB). This Agreement has been paid in full by Party A, and Party B shall not claim any expenses incurred during the aforementioned period from Party A for any reason after the signing of this Agreement.
2. After negotiation and agreement between Party A and Party B, Party A shall pay Party B a lump sum of various compensation (including but not limited to one-time disability subsidy, work-related injury medical subsidy, one-time disability employment subsidy, suspension of work salary, food subsidy, medical expenses, disability allowance, living care expenses, work-related injury ** medical expenses, follow-up medical expenses, medical equipment expenses and other related expenses) totaling RMB (capital: yuan), and Party B voluntarily waives other requests, and the two parties have not been involved since then.
2. Payment term.
Party A shall pay the amount confirmed in Paragraph 2 of Article 1 of this Agreement in ten monthly installments from the date of signing this Agreement. That is, the first payment will be made before the date of the year, and the payment will be made on the date.
3. Liability for breach of contract.
1. Party A shall pay the agreed amount on time every month in accordance with the payment method specified in the contract. If Party A delays payment, Party B has the right to require Party B to pay the balance in a lump sum, and has the right to require Party B to pay interest according to the bank loan interest for the same period.
2. After Party B receives the one-time compensation, it shall decide to distribute and dispose of it at its own discretion. However, you should consciously keep enough follow-up expenses that may occur. Party B shall bear the consequences.
3. If any party breaches the contract and causes litigation, arbitration or application for compulsory enforcement, it shall pay the other party the costs of realizing the creditor's rights, including but not limited to investigation and evidence collection fees, transportation, communication competitions, lost work fees, notary fees and lawyer fees.
4. This agreement is said to be a one-time termination agreement, and both parties must take this as a judgment to fully and earnestly perform the contract, and shall not disturb each other in any form or for any reason.
5. 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. Party A and Party B have read the full text of this Agreement and understand it correctly, Party A and Party B are clear about the content of this Agreement, and Party A and Party B are fully satisfied with the results.
6. This Agreement shall take legal effect after being signed by both parties. This Agreement shall be executed in two copies, one for each Party A and Party B, and shall have equal legal effect.
Signature of Party A: YYYYYYYYYYYYYYYYYYYY
Party B's signature: year, month and day.
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Legal analysis: The one-time compensation agreement for work-related injuries should specify Party A and Party B, the amount of compensation, the payment deadline and the liability for breach of contract. The amount and method of compensation must be clearly stated.
For example, after negotiation between Party A and Party B, Party A shall pay Party B a lump sum compensation, including but not limited to medical subsidies for work-related injuries, one-time disability subsidies, one-time disability employment subsidies, food subsidies, medical expenses, and wages retained during the suspension period.
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 work-related injury insurance** in accordance with national regulations:
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) When the labor contract is terminated or dissolved, a one-time medical subsidy shall be paid in a lump sum;
8) In the case of work-related death, the funeral subsidy, the pension for dependent relatives and the death subsidy for the death of the sedan worker;
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.
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Legal analysis: It is necessary to specify the personal information such as the name of Party A and Party B, the amount of compensation, the payment method, the payment term, the liability for breach of contract and the payment.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases of lead elimination;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
3) Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the unit of using Kai good people.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
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One-time Workers' Compensation Agreement Party A: Company Party B: Gender, Age, ID Number:
Address: Contact**: In accordance with the relevant provisions of national laws and regulations and local regulations, Party A and Party 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 based on 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 money 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 the 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 will 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: If one party breaches the contract due to any brother's hand, it shall pay the other party a fee, including but not limited to investigation and evidence collection fees, transportation, communication expenses, lost work expenses, public suspicion fees, and attorney fees.
Signature of Party A (person in charge): Signature of Party B: Date:
Twenty years ago, there was no "Regulations on Work-related Injury Insurance" at that time, and all localities had formulated relevant systems in their own regions, which can be referred to. At that time, your mother only determined that she was disabled due to work, and did not conduct an appraisal of the level of disability, so whether she can be compensated in accordance with the provisions of the "Regulations on Work-related Injury Insurance" depends on the connection of your local system. In addition, since January 1, 2011, the amended Regulations on Work-related Injury Insurance stipulate that the one-time work-related injury medical subsidy is paid by the work-related injury insurance** rather than the employer. >>>More
Article 35 Where an employee is identified as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits: >>>More
Second-degree disability is a lump sum disability allowance of 25 months' salary from work-related injury insurance**. If an employee is identified as a first-level to fourth-grade disability due to work-related disability, he or she shall retain the labor relationship, quit the job, and enjoy the following benefits: monthly disability allowance from work-related injury insurance**; Wait a minute.
If a worker is injured and is assessed as having a disability level, the compensation for the period of disability and the one-time disability employment subsidy shall be paid together with the one-time disability subsidy, and the one-time disability subsidy shall be borne by the social security department if the employer has paid social security for him. >>>More
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. >>>More