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Author Topic: Worker Cannot Waive Rights to WC  (Read 1116 times)
 
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« on: August 13, 2015, 11:19:13 AM »

In disputing employment status issues, employers sometimes offer signed waivers or a contract containing a waiver clause, to support their assertion that the worker is independent.

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California Labor Code §5000
provides that any contract or agreement, express or implied, made by any employee to waive California Workers’ Compensation benefits, is null and void.  The statute establishes a rule that an employee who is otherwise eligible for California benefits cannot be deemed to have contractually waived those benefits, and an employer who is otherwise liable for California benefits cannot evade liability through contract.

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Matthews v. National Football League Management Council; Tennessee Titans (2012) 77 CCC 1, United States Court of Appeal for the Ninth Circuit
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