When your boss asks you to sign a workers' compensation waiver

Should you sign it? You don’t want to sign away important rights, but on the other hand you want to make your boss happy and keep your job.

The truth is, it doesn’t matter. You can sign, or not. Either way, you still have the right to pursue workers’ compensation benefits. It’s a right that you can’t sign away. So, if signing the form helps you keep your job, you can sign it. It’s meaningless in the end.  

There are situations where you wouldn’t be entitled to workers’ compensation benefits in the first place. If you are an independent contractor, for example, you aren’t eligible. So, signing a waiver in this situation wouldn’t mean much either.

While we’re on the subject of independent contractors, we should mention that many employers and workers misunderstand what this means (or a boss understands but is looking to get away with something). If the person you work for has control over your performance and job duties, you may be considered an employee. Think about who makes your schedule, gives you tools or equipment, tells you what tasks to perform and when, and dictating how the work gets done. The more control, the more likely that you are an employee and not an independent contractor.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.