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Can I Waive Workers Compensation?

Generally, no.  Workers’ compensation laws are mandatory in most states.  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. 

As for employees, if an employee is injured at work and wishes to sue their employer, they may unintentionally waive their right to receive workers’ compensation if they proceed with legal action against their employer.

Other Worker's Compensation Law FAQs

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