Case analysis After an industrial accident, the remedies available to the parties are diversified. The parties can identify and appraise the industrial injury according to the Regulations on Industrial Injury Insurance, and then get industrial injury insurance benefits. In addition, the parties can also negotiate with the employer to obtain compensation by agreement.

The method of compensation by agreement has its special advantages in real life. It can make the injured get compensation quickly and avoid many disputes. At the same time, it also provides an opportunity for the lawless. Some enterprises take advantage of the lack of legal knowledge of workers and the weak position in the economy after the industrial accident, and sign compensation agreements before the industrial injury identification and disability level identification, which is what we often call "settlement". Such settlement will bring harm to the injured. After signing a private agreement, if the laborer finds that the agreement has caused him damage, how can he protect his legal rights? This case also involves this problem. The key to solve this problem is to make a legal analysis of the nature of the ex post compensation agreement and correctly handle the relationship between the employer's civil compensation and the compensation for work-related injury insurance. We will discuss this separately as follows:

First, the private agreement is a civil compensation agreement, which shall be recognized and handled according to the provisions of the contract law.

from the legal point of view, this private agreement is the result of the agreement reached by both parties on the basis of equality and voluntariness after the accident. According to paragraph 1 of Article 2 of the Contract Law, a contract refers to an agreement between equal subjects to establish, change and terminate the relationship of civil rights and obligations. Therefore, the agreement is a civil compensation agreement in nature, and the civil compensation agreement only has the legal effect of a civil law contract. According to the provisions of the Contract Law, if the content of the contract is obviously unfair, the parties may request the people's court to cancel it. If the laborer later finds that the private agreement is harmful to his legal rights, he can request invalidation or cancellation according to the provisions of the contract law and get relief in civil law. In this case, after the accident, Zhang and his unit reached an agreement on the basis of equality and voluntariness, but the agreement was signed by the unit using its advantages and the other party's inexperience before the work-related injury identification and disability grade appraisal were carried out. Because the contents of the agreement obviously violated the principle of fairness, Zhang had the right to request to cancel it according to law, and the people's court finally revoked the agreement according to the provisions of the contract law.

second, the agreed civil compensation and industrial injury insurance compensation of the employer belong to different compensation categories, and they complement each other.

The settlement agreement is a civil compensation agreement, and the compensation obtained according to the settlement agreement is only a civil compensation, which is different from the compensation for work-related injury insurance in the labor law. These two kinds of compensation are not inevitable. If the parties choose to settle the dispute after the accident, their agreement is protected by the contract law, but this does not affect the victims to seek relief according to the provisions of the Regulations on Work-related Injury Insurance. Workers can still apply for work-related injury identification before the time limit for work-related injury identification is completed. However, whether it is civil compensation by agreement or compensation based on work-related injury insurance, both are remedies for work-related injury accidents by employers, and the subject and purpose of compensation are the same, and they complement each other. Therefore, the two kinds of compensation should be calculated cumulatively. In this case, the private agreement can not be used as an obstacle for workers to apply for compensation for work-related injury insurance, which is illustrated by the acceptance and identification of work-related injuries by the labor and social security departments.

In addition, it is worth noting that if the parties consciously abide by this agreement, there may be irreparable consequences. The outstanding point is that the parties have passed the time limit for identification because they abide by the provisions of the agreement. According to Article 17 of the Regulations on Work Injury Insurance, the employer must apply for work injury identification within 31 days from the date when the work injury accident occurs or is diagnosed and identified as an occupational disease. If the time limit is exceeded, the premise of requesting work injury insurance benefits will be lost. To our delight, Li, the party in this case, filed an application for identification and appraisal with the relevant departments in time, and requested legal relief after failing to negotiate with the company, and finally safeguarded his legal rights.

to sum up, the arbitration institution and the people's court in this case are correct in ascertaining the facts and applying the law, and the court has made a legal judgment on the validity of the agreement between the parties. According to the provisions of the Contract Law, if the contents of the contract are obviously unfair, the parties may request the people's court to cancel it, and the court has the right to cancel the compensation agreement according to law. In addition, according to the relationship between civil compensation and industrial injury insurance damage compensation, the final compensation amount should be calculated cumulatively. In this case, the victim finally got a total compensation of 47,811 yuan.

lawyer's summary

after the industrial accident, if the parties choose to solve the compensation problem with the employer by agreement, they should try their best to complete the agreement under the guidance of lawyers, so as to avoid the loss of interests due to the lack of legal knowledge. After all, in real life, individual enterprises do not provide industrial injury insurance for employees, and the settlement of the agreement will make the damage quickly compensated. In addition, labor disputes should be handled as far as possible in accordance with the relevant provisions of labor law. The legislative purpose of China's labor law is to balance the conflict of interests between workers and employers and effectively protect the legitimate rights of workers. Labor law tends to protect victims in legislation and justice. The two ways have their own advantages and disadvantages. The judge reminds the parties to choose carefully, weigh the gains and losses, and use them in coordination if necessary. However, at the same time, we should also pay attention to the limitation of work-related injuries stipulated in the Regulations on Work-related Injury Insurance, so as not to lose the opportunity of legal protection because of the lapse of the limitation.