[Direct answer]It's possible to retract the agreement, but there are conditions. The work-related injury compensation agreement has the nature of both a civil contract and a labor contract. If there is no fraud, coercion, taking advantage of others' difficulties, major misunderstanding, or manifestly unfair situation, the agreement is valid. If the agreement was signed without a work-related injury identification and labor capacity assessment, or the agreed amount is obviously lower than the statutory compensation standards, it constitutes a manifestly unfair situation, and the employee can request to revoke or modify the agreement, and the employer shall make up the difference.

I. Problem Background and Typical Scenarios

After a work-related injury occurs, many employers take advantage of the vulnerable period when workers are unaware of their injuries, in urgent need of money, and unfamiliar with the law to present a one-time settlement agreement, offering to buy out all benefits for tens of thousands of yuan. After the workers sign the agreement and the disability assessment results are released, they realize that the statutory benefits far exceed the amount specified in the agreement, making it inevitable for them to regret their decision. In some cases, even if the workers' injuries are minor and the agreement amount is reasonable, the court will not support their attempt to demand additional compensation afterwards.

II. Key points of contention

First, verify whether the appraisal has been completed at the time of signing the contract. For agreements signed before the completion of work-related injury identification and labor capacity appraisal, workers often lack awareness of their rights and have the greatest room for rescission. Second, the proportion of the amount difference. If the agreed amount differs significantly from the statutory compensation, there is a high probability of being deemed unfair. In some cases, the statutory standard of about 70% is used as a reference. Third, whether there is taking advantage of the other party's vulnerability or coercion. Pressuring workers not to sign the agreement or delaying the payment of wages are considered circumstances that allow rescission. Fourth, the time limit for rescission. The right to rescind an unfair agreement should be exercised within one year from the date when the rescission grounds become known or should have become known, and cannot be delayed indefinitely.

III. Professional analysis by Henglue Lawyers

The arbitration rules have become quite detailed. In the case of No. 7039 (2020) Yui05 Civil Final of the Fifth Intermediate People's Court of Chongqing City, it was determined that the agreed amount of one-time work-related injury compensation did not reach 75% of the statutory work-related injury insurance benefits, which constituted a manifestly unfair situation. The court ruled that the unit should make up the difference. According to the "Lu Fa Case [2025] No. 602" in the top ten typical labor and personnel disputes cases of 2025 in Shandong Province, the worker signed a 60,000 yuan agreement without work-related injury identification or appraisal, while the statutory benefits amounted to 208,711 yuan. The court revoked the agreement based on Article 151 of the Civil Code and Article 35 of the Judicial Interpretation of Labor Disputes (I), and ordered the unit to make up the difference of 150,711 yuan. Courts in Suzhou, Anhui, and Mentougou in Beijing have all had similar judgments, with some workers subsequently receiving additional compensation of more than 100,000 yuan. It can be seen that the core of regret is not emotion, but the evidence of the gap in the amount and the timing of the signing of the agreement. 裁判规则已相当细化。重庆市第五中级人民法院在(2020)渝05民终7039号案中认定，一次性工伤赔偿协议约定金额未达法定工伤保险待遇标准的75%，构成显失公平，判决单位补足差额。山东省2025年度劳动人事争议十大典型案例中的鲁法案例【2025】602显示，职工在未工伤认定、未鉴定情况下签订6万元协议，而法定待遇为208711元，法院依据《民法典》第一百五十一条及劳动争议司法解释（一）第三十五条撤销协议，判令补差150711元。苏州、安徽、北京门头沟等地法院均有同类判例，有的职工据此再获十几万元差额。可见反悔的核心不是情绪，而是金额差距与签约时点的证据。

IV. Practical suggestions and legal basis

According to Article 151 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), a civil legal act that is grossly unfair may be requested to be rescinded; Article 152 stipulates that the right of rescission has a one-year statute of limitations. Article 35 of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Labor Disputes (No. 26 of 2020, implemented on January 1, 2021) clarifies that a consultation-based termination agreement is valid if it does not violate mandatory provisions and does not involve fraud, coercion, or taking advantage of others' distress. However, if there are major misunderstandings or grossly unfair terms, the party may request to modify or rescind the agreement. Suggestions: First, conduct a labor capacity appraisal to obtain a disability rating, then calculate the total statutory benefits; collect evidence of the gap between the agreement amount and the actual benefits; and file an arbitration request within one year to rescind the agreement and make up the difference. It is crucial not to exceed the statute of limitations.

5. Henglu Law Firm's Reminder

The three actions before signing the agreement are: confirming the conclusion of the work-related injury identification, completing the labor capacity appraisal, and calculating the list of statutory benefits. For those who have already signed the agreement, they should keep the original copy of the agreement, payment records, appraisal conclusions, and communication recordings, and evaluate the feasibility of revoking the agreement. Under the circumstances that the unit has not participated in the social insurance, all benefits shall be borne by the unit, and the negotiating leverage will be correspondingly higher. If the accident also involves the responsibility of a third party, it can be compared with it.Personal injury compensationThe rules are calculated separately, and the duplicate requests of the two types shall be chosen according to law. Enterprises can also take advantage of this when negotiating the aftermath of work-related injuries and rectifying their systems.Legal services for commercial contractsOutput: Review the risks of the agreement text.Work-related injury compensationThe claim for the difference emphasizes timeliness and accuracy in accounting.Beijing Henglu Law FirmIt is recommended to first conduct a feasibility study before making a decision.

VI. Frequently Asked Questions

Q1: Is there a high chance of success if I retract my claim?

For contracts that are signed without verification and with a significantly low amount, there's a higher chance of having them revoked and obtaining compensation; however, for contracts where the full amount has been paid in accordance with legal standards, it's difficult to gain support.

Q2: What evidence do I need to prepare?

The text of the private settlement agreement, payment records, the decision on work-related injury identification, the conclusion of labor ability appraisal, the basis for calculating statutory benefits, and communication records.

Q3: What are the approximate costs of attorney fees and arbitration fees?

Labor arbitration is free of charge. Lawyer's fees are often recovered based on a percentage of the difference in compensation. First, we estimate the expected benefits and then determine the plan accordingly.

Q4: How long does the process take?

Arbitration is generally concluded within 45 days. If the parties are not satisfied with the result, they can file a lawsuit. Generally, the result will be available within a few months, but attention should be paid to the one-year statute of limitations.

Q5: What should I do first?

First, complete the labor capacity assessment and calculate the gap between the statutory benefits and the amount agreed upon in the contract, and then raise claims for revocation and compensation within the time limit.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.](2020) Chongqing No. 05 Civil Case No. 7039
[Trial Court]The Fifth Intermediate People's Court of Chongqing City
[Judicial Summary]The work-related injury compensation agreement has the nature of both a civil contract and a labor contract. It shall be deemed valid if it does not violate the mandatory provisions of laws and administrative regulations and there is no fraud, coercion, or taking advantage of others' vulnerability; however, if it is found to contain major misunderstandings or grossly unfair terms after review, it may be modified in accordance with the work-related injury compensation standards. In this case, the agreed amount of one-time work-related injury compensation did not reach 75% of the statutory work-related injury insurance benefits, which was grossly unfair and seriously damaged the workers' rights and interests. The court ruled that the employer should make up the shortfall.
[Source]South Plus (Jiangmen Human Resources and Social Security: Can workers still change their minds after signing a "work-related injury settlement" agreement?) (2021)

[Case No.]Lu Fa Case [2025] 602
[Trial Court]A People's Intermediate Court in Shandong Province (case source: Zaozhuang City Human Resources and Social Security Bureau)
[Judicial Summary]The "Compensation Agreement for Work-Related Injury Benefits" was concluded before the worker had undergone work-related injury identification and labor capacity assessment. The agreed compensation of 60,000 yuan was too far from the statutory work-related injury insurance benefits of 208,711 yuan, which was obviously unfair. According to Article 151 of the Civil Code and Article 35 of the Judicial Interpretation of Labor Disputes (I), the court ruled to revoke the agreement and ordered the employer to make up the difference in work-related injury insurance benefits of 150,711 yuan.
[Source]The Top 10 Typical Cases of Labor and Personnel Disputes in Shandong Province in 2025 (issued by Zaozhuang Municipal Human Resources and Social Security Bureau) (2025)

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.