Atlanta, GA asked in Workers' Compensation for Georgia

Q: Is it a requirement to settle a workers comp lawsuit for me to sign a waiver giving up my rights to sue employer

I am coming to the end of my lawsuit and I have accepted the settlement offer but I am being told that I have to sign a waiver stating that I wouldn't sue my former employer in the future. They are putting in the balance to make the settlement what I agreed to.

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2 Lawyer Answers
Michael Richard Moebes
Michael Richard Moebes
Answered
  • Workers' Compensation Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: If you have a workers' comp claim with your employer, chances are great that you don't have a lawsuit to file against them, since the Comp Act shields them from liability for your injury to tort lawsuits, since you get workers' comp benefits. That said, most employers/insurers want you to resign and sign a general release of any claims that may or may not even be there if they're going to settle the case with you.

T. Andrew Miller agrees with this answer

1 user found this answer helpful

T. Andrew Miller
PREMIUM
T. Andrew Miller
Answered
  • Workers' Compensation Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Yes, in almost every situation you do have to release your employer in order to settle a Worker’s Compensation claim in Georgia. However, Georgia law prevents you from bringing most other type of claims against your employer that have to do with your work related injury anyway.

1 user found this answer helpful

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