Waiving Workers’ Compensation in Transportation Agreements: Like Taking a Bullet After Being Stabbed

more+
less-

Anyone reviewing a transportation agreement in the past few years surely noticed an uptick in the number of proposed provisions attempting to “waive workers’ compensation immunity.” The waiver typically reads as follows: “[Employer] expressly waives any immunity from suit with respect to injuries to [Employer’s] employees as a result of any payments made by [Employer] to such employees or under any applicable workers' compensation statute or similar law.”

Most states, if not all, have enacted a comprehensive set of workers’ compensation laws. A critical component of these laws is the idea of workers’ compensation immunity. Workers’ compensation immunity provides tort immunity to an employer when an employee is injured within the course of their employment. Put simply, employers can treat compensation for work related injuries as a routine cost of doing business which can be budgeted for without fear of any substantial tort judgments (with a limited exception for intentional torts).

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Miller & Martin PLLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×