Workers Compensation Waiver for the United States

Workers Compensation Waiver Template for United States

A Workers Compensation Waiver is a legal document used in the United States that allows eligible individuals to voluntarily waive their rights to workers' compensation coverage. The document's validity and requirements vary by state, with some jurisdictions not permitting waivers at all. The waiver must comply with both state-specific workers' compensation laws and federal labor regulations, often requiring specific language, notarization, and filing with state authorities.

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What is a Workers Compensation Waiver?

A Workers Compensation Waiver is utilized when eligible individuals, such as corporate officers, LLC members, or independent contractors, choose to opt out of workers' compensation coverage. This document is particularly relevant in jurisdictions where state law permits such waivers. The waiver must explicitly state the individual's voluntary decision to forgo coverage, acknowledge understanding of the rights being waived, and meet state-specific requirements for validity. Some states require filing with the workers' compensation board, while others mandate specific language or notarization. The document typically includes details about alternative insurance coverage, if applicable, and must comply with both state and federal labor laws.

What sections should be included in a Workers Compensation Waiver?

1. Parties: Identification of employer and employee/contractor including full legal names, addresses, and relevant business/employment details

2. Background: Context of employment relationship, nature of work, and explanation of why the waiver is being executed

3. Definitions: Key terms used in the waiver including 'Workers Compensation', 'Waiver', 'Coverage Period', and state-specific terminology

4. Waiver Statement: Express statement of workers' compensation coverage waiver, clearly outlining what rights are being waived

5. Acknowledgment of Rights: Statement acknowledging understanding of rights being waived and voluntary nature of the waiver

6. Duration: Period for which waiver is valid and any conditions affecting the duration

What sections are optional to include in a Workers Compensation Waiver?

1. Alternative Insurance Coverage: Details of any alternative insurance coverage being provided in lieu of workers' compensation

2. Revocation Terms: Conditions and process for revoking the waiver, if permitted by state law

3. State-Specific Declarations: Additional declarations and statements required by specific state laws

What schedules should be included in a Workers Compensation Waiver?

1. Schedule A - Proof of Alternative Insurance: Documentation showing details of alternative insurance coverage, if applicable

2. Schedule B - State Filing Forms: Required state-specific forms that must be filed with relevant authorities

3. Schedule C - Corporate Resolution: For corporate officers, official resolution authorizing the waiver of workers' compensation coverage

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Waiver

Cost

Free to use
Industries

State Workers' Compensation Laws: Each state has distinct workers' compensation statutes, with varying requirements for waivers. Some states prohibit waivers entirely, while others have specific requirements for their validity.

Federal Laws - ADA: The Americans with Disabilities Act must be considered to ensure the waiver doesn't discriminate against or improperly affect disabled workers' rights.

Federal Laws - FLSA: The Fair Labor Standards Act implications must be reviewed to ensure the waiver doesn't conflict with basic wage and hour protections.

Federal Laws - OSHA: Occupational Safety and Health Act requirements must be considered as they relate to workplace safety obligations that cannot be waived.

State-Specific Documentation Requirements: Many states mandate specific language, notarization requirements, and filing procedures with state workers' compensation boards.

Industry-Specific Regulations: Special requirements exist for certain industries, particularly construction and other high-risk sectors, which may affect the validity of waivers.

Employment Status Considerations: Different rules apply based on whether the individual is an independent contractor, employee, sole proprietor, or LLC member, affecting waiver eligibility and requirements.

Time Limitations: State-specific temporal restrictions on when waivers can be executed and how long they remain valid.

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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