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Personal Injury Lawyers » Signing an Insurance Release
Does the Insurance Company Want You to Accept a Settlement and Sign a Release? Be Careful What You Sign!
Many times after an employee is injured in a workplace accident, if the employer is a nonsubscriber, they will try and get the employee to sign a document that will limit the employer’s liability and the amount that the employee can recover for the injuries. This article will discuss the different kinds of documents that an employer may ask you to sign when you are injured in a workplace accident. Be advised, you should always consult with an attorney before signing any of these documents.
What is a Nonsubscriber?
In this context, a nonsubscriber refers to an employer that does not subscribe to Pennsylvania’ workers’ compensation. This means that if an employee is injured on the job and the employer is found liable, then the employer must pay for the entirety of the employee’s damages. In order to show that an employer is liable for an employee’s injuries, the employee must show that the employer was negligent in causing the accident. However, if you sign away your rights to hold your employer accountable, you may not be able to receive any compensation for your injuries.
Pre-Injury Waiver
A lot of employers will have you sign a document called a pre-injury waiver or release of liability when you are hired. Essentially, the idea is that by signing this document you are agreeing that if you are injured on the job, you will not sue your employer. However, these are not generally enforceable and you are still able to sue your employer and recover damages for your injuries. Also, if you sign a pre-injury waiver and later sue your employer because of a workplace injury, it cannot later be used against you in court as a defense to liability.
Post-Injury Waiver
A post-injury waiver is a document that is signed by an employee, after the employee is injured in a workplace accident, stating that the employee agrees not to sue their employer and that the employee waives the employer of liability. Although they are typically binding, there are circumstances where they can become invalidated; such as if they were signed under duress or if a certain term in the waiver makes it unenforceable.
What Should You Do if You Have Already Signed a Post-Injury Waiver?
If you have been injured in a workplace accident and have signed a post-injury waiver, you should still contact an attorney to see if there is anything that can be done to invalidate the waiver. We have had cases where we were able to show that waivers were unenforceable because of some of the terms they contained, and our clients were able to sue their employer and recover compensation.
Settlement or Release Documents
If you are dealing with an employer’s insurance provider, they may ask you to sign a settlement that contains a release. This means that although you would get the settlement money, you would be barred from bringing a future claim against your employer regarding this injury and would not be able to receive further compensation.
You should make sure that the settlement amount fully compensates you before you sign a release. The best way to know if the settlement amount is enough is to have it analyzed by an attorney who can tell you the total damages of your claim and if the settlement amount is sufficient to cover these damages.
Binding Arbitration Agreement
A binding arbitration agreement is usually signed when you are hired. It states that if you are injured in a workplace accident, you agree to go to arbitration rather than file suit in a court. Unlike a pre-injury waiver, an arbitration agreement is still enforceable even if it is signed before you are injured in a workplace accident.
Although this does not prevent you from bringing a claim, it does prevent you from filing suit in court and going before a jury. This can be problematic because a jury can sympathize with you if you are injured, whereas an arbitrator is likely to only look at the facts of the case and take emotion out of it.
Documents That You Can Sign
Some would be okay to sign. However, having a lawyer look over anything beforehand is always a good idea. It is usually okay to sign anything related to the medical care given to you by a hospital employee. However, medical records can be used in court as evidence, so only sign it if you are okay with a jury potentially finding out about it. It is also generally okay for you to sign a document given to you by a police officer, such as an incident report describing the circumstances surrounding the accident.
You Should Consult With An Experienced Attorney Before Signing Anything
Work Injury Lawsuit
By signing a document that you do not completely understand the full effects of you could potentially limit some of your available rights under the law. The best way to become fully aware of what potential limits are contained in a document is to consult with an experienced attorney and have them review it.
The attorneys at Our Law Office have over twenty years of experience and have dealt with hundreds of workplace injury cases in which the employer attempted to get the employee to sign away liability. If you have been injured in a workplace accident and have been asked by your employer to sign something, you should call one of our attorneys today for a free consultation.