- Signing Waivers that Release Employers from Injury Liability
- Is Requiring Signing a Waiver Legal?
- Is the Waiver Legally Enforceable?
- Can Signing a Waiver Release My Employer from Workers’ Comp Responsibilities?
When accepting a job offer, some employers may ask you to sign a waiver releasing them from liability in the event of an on the job or work-related injury. You may wonder if you should sign such a waiver and whether such a waiver is legally binding. In short, the answer to whether you should sign such a waiver is “No.” Or, at least not until it has been reviewed by an experienced attorney.
Kenton Koszdin Law Office has represented injured employees across the Los Angeles area for over 15 years. Our legal team is dedicated to defending workers rights and will take a personal interest in your case.
Contact our Van Nuys office for information about your legal rights and options. Call (800) 438-7734 for a free, comprehensive consultation.
Is Requiring Signing a Waiver Legal?
If your employer requires you to sign a waiver releasing them from liability in the event of an on the job injury, it is likely illegal. Again, liability laws vary by state so it is always a good idea to consult a qualified attorney.
Is the Waiver Legally Enforceable?
There are a few things you need to remember about signing injury liability waivers of any type.
First, the waiver you sign must be “clear, unambiguous, and explicit in expressing the intent of the parties.” This means that the waiver agreement has to be easily understood and not misleading in its language or fine print.
The second thing to remember is that all waivers, and all signed documents for that matter, can be legally challenged. An experienced attorney can find flaws in a document that can call your understanding of it into question.
Third, you can always win a lawsuit if you can prove negligence. It is a common practice for places like ski resorts to have you sign away all your rights for damages if injured, even if they are at fault. This is simply unenforceable. Before you give up on your right to take legal action, always consult an experienced injury attorney.
Can Signing a Waiver Release My Los Angeles Employer from Workers’ Comp Responsibilities?
In short, “No.” Social Security Disability Insurance (SSDI) is a payroll tax-funded federal insurance program for injured or disabled workers. Nothing your employer asks you to sign will affect your SSDI benefits. If your employer asks you to sign a waiver releasing them from workers’ comp liability, they clearly don’t understand the concept of workers’ compensation. Workers’ comp is a form of insurance that pays an injured worker wages and medical benefits while exonerating the employee from liability.
As you can see, workers’ compensation and SSDI are concepts that even established employers may not entirely understand. If you or a family member gets injured on the job in Los Angeles, you need to consult an experienced worker’s rights attorney.
Kenton Koszdin Law Office is dedicated to protecting employee’s rights and has been for over 15 years. Call our Southern California law office for a free consultation at (800) 438-7734. If you are too injured to come to our office, we will come to you.