Can my employee waive workers compensation?
Workers’ compensation laws are mandatory in most states and can not be waived. Even if an employee has signed an employment contract that includes wording which states that the employee agrees to waive their rights to workers’ compensation, the right to workers’ compensation will not be waived. In some limited circumstances, if a prospective employee has a condition or characteristic that could make injury more likely for them, an employer may be exempt from having to provide workers’ compensation insurance for that employee.
Other Employer Responsibilities FAQs
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Q:
I Do Not Have Workers Compensation Insurance To Cover My Employees If They Are Injured. Can I Get In Trouble For This?
A: Yes. Criminal charges and fines may be imposed on employers who do not carry workers’ compensation insurance. The workers’ compensation statute that … More -
Q:
Can employers threaten employees for filing workers' compensation claims?
A: No. Most jurisdictions have “anti-discrimination” laws that prevent an employer from taking any retaliatory action against an employee who has filed … More -
Q:
One Of My Employees Was Injured On The Job, But I Never Reported The Employees Claim To My Workers Compensation Insurance Carrier. Can I Get In Trouble For This?
A: It is the responsibility of every employer to report an employee’s workers’ compensation claim to their workers’ compensation insurer. An … More -
Q:
Do I Have A Choice Of Where I Can Obtain Workers Compensation Insurance To Cover My Employees?
A: In the majority of jurisdictions the answer is yes. Most states will allow employers to choose their workers’ compensation insurer. However, a … More -
Q:
If my employee was injured outside of work, does workers compensation cover the expenses?
A: Depending on your jurisdiction, your employer’s workers’ compensation insurance carrier may or may not cover employees who are unable to work due to an … More -
Q:
As An Employer, How Do I Know Whether My Business Is Subject To A Workers Compensation Statute?
A: Most jurisdictions will have exceptions to workers’ compensation statutes that allow certain employers to not have to provide workers’ compensation … More -
Q:
What happens if my employee files a fraudulent claim?
A: If an employee knowingly make any false statements or file any false claim with the purpose of receiving workers’ compensation benefits, he/she will … More -
Q:
My Company Consists Of Several Interrelated Entities. Which Company Is Required To Provide The Workers Compensation Coverage?
A: If an employee is employed by two different employers for the purposes of performing the same employment duties (e.g. a company that is under the control of a parent … More -
Q:
Why Is Workers Compensation Good For Me, As An Employer?
A: The main benefit of workers’ compensation statutes for employers is that it will preclude an employee from suing an employer for an injury that occurs during the … More
