Workers’ Compensation Waiver Exceptions

Unfortunately, when you sign a workers’ compensation agreement, you almost always waive your right to bring a suit against your employer for negligence. This waiver is given in exchange for guaranteed coverage for all on-the-job injuries. The implications of this trade-off is that you are prevented from seeking further damages against your employer, even if you feel they are justified and warranted.

However, there are instances in which you may actually be exempt from this waiver. These exceptions are not set in stone, and are often highly fact specific, so it is important to contact a workers’ compensation lawyer with years of experience, such as the Law Office of Sam Scudder, to help you handle your case.

Examples of times where a workers’ compensation waiver may be waived include issues where:

  • You were the victim of gross and extreme negligence, recklessness, or misconduct. Exactly what constitutes “gross” and “extreme” may be up for debate, so getting in touch with a workers’ compensation attorney is necessary. Typically, an action is considered gross or extreme negligence when the risk involved with the action is so great that any benefit of the action is rendered insignificant, and no reasonable person would consider taking the action.
  • You were the victim of willful malice. If someone willfully injures you or behaves recklessly in such a manner as to cause injury, they may be held both civilly and criminally liable for their actions. However, whether or not the defendant was a superior or a coworker may impact from who you are able to collect damages. In either instance, a workers’ compensation lawyer will be able to assist you in assessing your case.

Contact Us

If you have been injured as a result of negligence in the workplace, contact the Morehead City workers’ compensation lawyer of the Law Office of Sam Scudder today at (252) 222-0227.