Generally speaking, it is invalid for both parties to sign an industrial injury compensation agreement through private consultation. After an employee is injured at work, the employee and the employer can reach a mediation agreement according to the wishes of both parties. The mediation document shall have legal effect only after it is signed and sealed by both parties and signed and sealed by the mediation organization. The compensation agreement signed privately has no legal effect.

Legal analysis

The law allows employers and employees to solve the problem of industrial injury compensation through consultation. However, the relevant national laws do not clearly stipulate whether the private agreement during medical treatment has legal effect after employees are injured. However, if the parties bring a lawsuit against the agreement, the court should make a judgment according to the actual situation, combining the principle of fairness and the principle of party autonomy. The private agreement on compensation for work-related injuries is invalid in the following three cases: an agreement is made on whether to identify the work-related injury and the level of labor ability before the identification of work-related injuries and the identification of labor ability; Obviously unfair, there is a major misunderstanding, and even the employer signed it under the circumstances of fraud, coercion and taking advantage of the danger of others, which violates the true meaning of the workers; Violation of the industrial accident management system of the Industrial Injury Insurance Regulations, covering up illegal purposes in a legal form. Industrial injury insurance is the basic guarantee for the state to obtain medical and economic compensation for employees with industrial injuries, and it is compensatory. Its purpose is to safeguard the workers' right to subsistence and guarantee their basic livelihood. Workers who are disabled due to work are identified as the corresponding disability level and enjoy the corresponding work-related injury insurance benefits. Although the law stipulates that when there is a dispute between the employee and the employer over the treatment of work-related injuries, both parties to the dispute can resolve it through consultation, if the payment amount agreed in the agreement is obviously lower than the legal standard and violates the principle of fairness, it is an invalid agreement.

legal ground

Article 15 of the Labor Dispute Mediation and Arbitration Law of People's Republic of China (PRC), after a mediation agreement is reached, if one party fails to perform the mediation agreement within the agreed time limit, the other party may apply for arbitration according to law.