Workers’ Compensation Waivers

Typically when you sign a workers’ compensation agreement with your employer, you waive your ability to sue your employer for the tort of negligence. This agreement serves to protect both the employer and the employee. The employee gains a guarantee that his or her medical expenses due to on-the-job injuries will be covered. The employer, on the other hand, gains protection in the form of limited liability as potentially costly negligence lawsuits are avoided.

Exceptions to the Workers’ Compensation Waiver

There are a few notable exceptions to this waiver:

• The injury was a result of intentional malice. If a supervisor or other employee intentionally injured you while under the direction of the employer, you may be entitled to damages above and beyond what is provided for by your workers’ compensation plan. This includes deliberately behaving recklessly or other disregards for safety.
• The injury was a result of gross negligence. If you are injured as a result of someone simply making a mistake, you typically do not have recourse above and beyond your workers’ compensation plan. However, if an action taken by your company is so obviously likely to cause injury that any reasonable person would be able to anticipate the risk, they may be guilty of gross negligence.

Contact Us

If you or a loved one has been injured during the course of your occupation, immediately contact the Des Moines workers’ compensation attorneys at LaMarca & Landry, P.C. today at 1-877-327-2600. We can evaluate your case, determine the extent of your employers’ liability, and fight to help you win the full compensation that you deserve under the law.