Validity Analysis Of Industrial Injury Compensation Agreement

In order to ensure that workers can get effective medical assistance and relevant economic compensation when they suffer from work-related injuries,and in order to disperse the risk of industrial injury of employing and employing units,the state formulated the "regulation of industrial injury insurance".Although industrial injury insurance has certain mandatory,Some enterprises consider their own profits orevade the responsibility of production safety,deliberately conceal work accidents,Enterprises deal with work-related accidents by reaching compensation agreements with workers.What is more,a few units of choose and employ persons can coerce injured er to sign unfair industrial injury compensation agreement,compensation agreements have also arisen.Because the relevant legal provisions are not clear,resulting in different courts for the recognition of worker’s compensation agreement,and Judges have great discretion,How to standardize the validity identification of industrial injury compensation agreement,it is necessary to study the validity identification of industrial injury compensation.The full text is divided into four parts.The first part starts from a typical case of industrial injury compensation agreement dispute published in the bulletin of the Supreme People’s Court and draws out the legal issues reflected by the industrial injury compensation agreement dispute from the focus of the case and the judgment result.The second part from the typical cases of inductrial injury compensation as the breakthrough point,through the introduction of case and the case analysis,from one,the second instance court judgment for inductrial injury compensation agreement explore the effect of different points of view,draw out the main issues of inductrial injury compensation agreement,the effectiveness of inductrial injury compensation agreement and the nature of the dispute.The third part analyzes the validity of the work-related injury compensation agreement through the typical cases,and gives insight into the following aspects: the review of the nature of the work-related injury compensation agreement,the validity of the work-related injury compensation agreement;Whether the industrial injury compensation agreement is obviously unfair,whether the industrial injury identification and labor ability identification are carried out when the industrial injury compensation agreement is signed,there are provisions of unlimited workers’ rights,the court’s discretion to analyze the thinking and existing drawbacks of the judicial trial for the industrial injury compensation agreement identification.The fourth part puts forward some reflections on the problems reflected in the industrial injury compensation agreement dispute cases.Some reflections on the problems reflected in the dispute cases of industrial injury compensation agreement are put forward.Be clear in the legislation of inductrial injury compensation agreement dispute applicable law,clear inductrial injury compensation agreement effectiveness of authority,to grasp in judicial unfair measure,key audit of industrial injury and labor ability appraisal problem,examine the limits of inductrial injury compensation agreement terms of the workers’ rights,reasonable grasp the discretion.