According to the investigation, after the work-related accident occurred, both parties involved hoped to settle the compensation matters as soon as possible, but the phenomenon of "private" has always existed. So, can we sign the 'Work Injury Private' agreement? How should I sign? I have received the 'private payment', but it is much less than the statutory work-related injury benefits Employee Chen Zhongli (pseudonym) was injured while working at a construction site in Zhuhai, and requested the company to pay work-related injury insurance benefits, but was refused payment. Recently, the reporter learned from the People's Court of Xiangzhou District, Zhuhai City, Guangdong Province that the court has tried a labor dispute case involving a work-related injury compensation agreement and found that the agreement signed between a construction labor service company in Shenzhen and Chen Zhongli constitutes obvious unfairness. Chen Zhongli has the right to request the revocation of the agreement and claim the compensation amount that is not in place. In reality, after a work-related accident occurs, both parties involved hope to resolve the compensation matter as soon as possible, and the phenomenon of "private" has always existed. So, why do workers choose to engage in "private" negotiations with companies regarding work-related injury compensation? The reporter conducted an investigation into this matter. After the employee was injured, the company paid a "private payment". Chen Zhongli is a formal employee of a construction labor company in Shenzhen, responsible for laying floor tiles on a daily basis. Both parties signed a labor contract, but the company did not purchase social security for them. In October 2021, Chen Zhongli was accidentally hit on his right hand by marble while working at a construction site in Zhuhai, and was later recognized as a work-related injury in January of the following year. On April 24, 2022, Chen Zhongli signed a "Work Injury Compensation Agreement" with the company, agreeing to terminate the employment relationship on the same day and receive a one-time compensation of 32000 yuan from the company. Chen Zhongli voluntarily waived his right to pay the difference in compensation. In June 2022, Chen Zhongli received a labor capacity appraisal certificate, and his injuries were assessed as level 10 labor dysfunction. He was suspended from work with salary from October 4, 2021 to January 4, 2022. After learning that the work-related injury insurance benefits he should have received in accordance with the law were far from the compensation amount for the "private" incident, Chen Zhongli applied for labor arbitration on the grounds that the agreement was clearly unfair. After arbitration, it was confirmed that the labor relationship between the two parties was terminated on April 24, 2022. The company should pay Chen Zhongli a one-time disability allowance, a one-time work-related injury medical subsidy, a one-time disability employment subsidy, and a wage difference of nearly 120000 yuan during the suspension period. The company is dissatisfied with the arbitration award and has filed a lawsuit with the Xiangzhou Court, requesting that it be ordered not to pay the relevant compensation difference again. In February 2023, after filing the case, the Xiangzhou Court held a public hearing for the trial. The work-related injury compensation involves the survival rights and interests of employees. "Since the agreement involved in the case is legal, valid, and has been fulfilled, Chen Zhongli has also clearly stated that he waives the compensation difference, and the company does not need to compensate again." The company believes that one of the backgrounds stated in the agreement is that both parties have a clear understanding of whether it is a work-related injury and the handling results, and there is no "obvious unfairness" such as taking advantage of the employee's lack of judgment ability. The company's agreed compensation amount is less than 30% of the statutory work-related injury benefits, and the agreement is clearly unfair Chen Zhongli believes that since work-related injury insurance benefits are based on rating results, and disability ratings require the company's cooperation in handling, the agreement is required to be signed by the company when it is in a temporary and urgent situation and lacks the ability to judge work-related injury insurance benefits. After trial, the court found that the "Work Injury Compensation Agreement" reached by both parties is not a simple creditor debtor relationship, but also involves Chen Zhongli's survival rights and interests. According to the assessment results of Chen Zhongli's level 10 labor dysfunction, the work-related injury insurance compensation he should receive should be 120000 yuan. Compared with Chen Zhongli, a certain construction labor service company as an employer has a significantly better ability to estimate the amount of compensation that the employee should receive. However, the company did not inform employees of the relevant risks before signing the agreement, nor did it follow the principle of good faith to agree on reasonable compensation. Therefore, the Xiangzhou Court ruled in accordance with the law that after deducting the already compensated 32000 yuan, the labor service company still needs to compensate Chen Zhongli 88000 yuan. The company is dissatisfied and has filed an appeal, with the original verdict upheld in the second instance. The judge stated that the agreement involved in the case was subjectively a result of a construction labor service company taking advantage of its advantageous position, as well as Chen Zhongli's lack of awareness of disability level injuries and the ability to predict work-related injury benefits. Objectively speaking, the compensation amount agreed upon by both parties is significantly lower than the statutory work-related injury benefits, resulting in unequal rights and obligations between the two parties, and Chen Zhongli suffered significant losses in benefits. How to ensure fairness and justice in work-related injury "private" cases? Why has work-related injury "private" always existed in reality? Resolving the issue of work-related injury compensation through legal means may involve many procedures. In the absence of any dispute over the employment relationship between the two parties, the first step is to conduct a work-related injury assessment. After being identified as a work-related injury, a labor capacity assessment is carried out, and then the company is requested to compensate for the work-related injury. If the company does not take the initiative to compensate, arbitration, litigation, etc. are also required to resolve the issue. It is common for a work-related injury compensation case to go through the above procedures and take about two years or even longer Lawyer Tan Zicheng from Guangdong Penghao Law Firm told a reporter from Workers' Daily that for some employees, in addition to the consideration of quickly receiving money, there are also concerns that the labor relationship between the two parties cannot be confirmed or assessed as having a disability level. After comprehensive consideration, in order to ensure that they can receive certain compensation, they accept "private". In addition, some people are concerned about offending their "employer" by demanding work-related injury compensation from the company, or for saving costs of rights protection, which are also common reasons for choosing to "go private". Tan Zicheng stated that the most common reason why companies are willing to engage in work-related injuries with their employees is that the compensation standards are generally lower than those stipulated by law. At the same time, some companies may be concerned about arbitration and litigation, which may have a certain impact on their social reputation. Work injury privatization is also common in situations where companies fail to pay social insurance for their employees and should bear all work-related injury insurance benefits. If a company does not engage in privatization with its employees, it is likely to trigger employees to file complaints with the social security department, and ultimately the company will face the need to pay social insurance, resulting in additional processing costs. "" Work injury privatization is not only beneficial for employers to quickly resolve disputes and reduce economic costs, but also to timely alleviate economic difficulties caused by work-related injuries for workers, which could have been a win-win situation. "The judge reminded that employers should uphold the basic principle of honesty and credit, fulfill their legal obligations to pay social insurance for workers, protect workers' full right to know about work-related injury insurance benefits, and reasonably agree on the amount of work-related injury compensation to ensure that workers enjoy reasonable treatment. Otherwise, even if the agreement stipulates a "termination" clause and has been fulfilled, the agreement may become a mere piece of paper, and workers can still claim their rights on the grounds of obvious unfairness. When it comes to how to ensure fairness and impartiality in "private" work, Tan Zicheng stated that before signing a "private" agreement, companies should help employees understand relevant laws, regulations, and local policies on work-related injury compensation, ensuring that employees are fully informed of the various benefits and statutory compensation standards for work-related injury compensation. At the same time, he suggested conducting work injury identification and labor capacity assessment first, to prove that employees have a certain understanding of the extent of their own damage and compensation standards when signing the agreement, and there is no major misunderstanding. Regarding how employees can protect their own rights and interests, Tan Zicheng stated that if an employee fails to file a work-related injury recognition application in a timely manner, they should file a work-related injury recognition application within one year from the date of the injury to avoid exceeding the time limit for work-related injury recognition. At the same time, try to engage in private activities as much as possible after undergoing work injury identification and labor capacity assessment. When an employee suffers a work-related injury, they should follow the compensation standards stipulated by the law, follow their true intentions, and not overly focus on other factors to avoid reneging on the agreement and entering into arbitration or litigation procedures