Empirical Research On The Effect Of Work-related Injury Compensation Agreement

It‘s legal right for workers to enjoy the treatment of work-related injury,and the state shall guarantee this right.Statistical analysis of the verdicts shows:it is common for laborers to be forced to sign unreasonable and unlawful work-related injury compensation agreements with employers,but judicial authorities often define it as a normal civil contract because of lacing of a clear understand of the nature of the work-related injury compensation agreement.Overemphasis on the meaning of the autonomy of the parties in the work-related injury compensation agreement leads to a situation that workers can not get adequate protection of state power.so,we should recognize that the disputes of work-related injury compensation agreement is due to the defects of industrial injury insurance system,and it should be a special civil contract.If we want to completely resolve the dispute of industrial injury compensation agreement,we must reform injury insurance system.Because the reform needs a long term,under the current system,legislature should establish the corresponding legal rules and principles and the judiciary should emphasizes the intervention of work-related injury compensation agreement and we should admit industrial injury compensation agreement under certain restrictions.At the same time,the judiciary should examination the agreement substantively.