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Workers Comp Liability Waiver for the United States

Workers Comp Liability Waiver Template for United States

A Workers Compensation Liability Waiver is a legal document used in the United States that allows certain eligible individuals to opt out of state-mandated workers' compensation coverage. The document's validity and application vary significantly by state, with some jurisdictions strictly limiting or prohibiting such waivers. It typically includes acknowledgments of rights being waived, alternative coverage arrangements, and requires specific state-mandated language and procedures for execution.

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Workers Comp Liability Waiver

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What is a Workers Comp Liability Waiver?

The Workers Comp Liability Waiver serves as a formal mechanism for specific categories of workers, typically independent contractors or corporate officers, to opt out of workers' compensation coverage. This document becomes necessary when eligible individuals choose to forgo standard workers' compensation protection, often in favor of alternative insurance arrangements. The waiver must comply with strict state-specific requirements and may be invalid in certain jurisdictions that prohibit such waivers. It's essential to note that most U.S. states heavily restrict who can execute these waivers and under what circumstances they're permitted.

What sections should be included in a Workers Comp Liability Waiver?

1. Parties: Identification of the employer and worker, including legal status

2. Background: Context of the working relationship and reason for waiver

3. Definitions: Key terms used in the document including relevant state-specific workers' compensation terminology

4. Acknowledgment of Rights: Worker's acknowledgment of understanding their workers' compensation rights under applicable state law

5. Scope of Waiver: Specific rights being waived and limitations of the waiver according to state regulations

6. Voluntary Nature: Statement confirming voluntary execution of waiver without coercion or duress

7. Governing Law: Applicable state law and jurisdiction governing the waiver

What sections are optional to include in a Workers Comp Liability Waiver?

1. Alternative Coverage: Details of alternative insurance coverage or benefits provided in lieu of workers' compensation

2. Duration: Time period for which waiver is valid and renewal requirements if applicable

3. Revocation Rights: Terms and conditions under which the waiver can be revoked by either party

What schedules should be included in a Workers Comp Liability Waiver?

1. State-Required Forms: Official state-mandated forms and documentation required for valid waiver execution

2. Insurance Documentation: Documentation of alternative insurance coverage or benefits, if applicable

3. Worker Classification Evidence: Supporting documentation regarding worker status and eligibility for waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses




















Industries

State Workers' Compensation Statutes: Each state maintains its own workers' compensation laws that govern coverage requirements, exemptions, and whether rights can be waived. State-specific regulations must be carefully reviewed.

Americans with Disabilities Act (ADA): Federal law that protects workers with disabilities and must be considered when drafting any workplace-related waivers.

Occupational Safety and Health Act (OSHA): Federal legislation that sets and enforces workplace safety standards. Cannot be waived and must be considered in liability contexts.

Fair Labor Standards Act (FLSA): Federal law governing wages, hours, and employment conditions that may impact the validity of certain waivers.

State Waiver Requirements: Specific state requirements for valid waivers, including notarization, filing with state agencies, mandatory language, and time limitations.

Worker Classification Considerations: Different rules apply based on whether the worker is an employee, independent contractor, corporate officer, LLC member, or sole proprietor.

Public Policy Limitations: Strong public policy considerations that generally disfavor allowing employees to waive their workers' compensation rights, with courts typically scrutinizing such waivers carefully.

Business Structure Requirements: Different rules and waiver possibilities depending on business structure (corporation, LLC, sole proprietorship, etc.).

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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