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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Georgia
- (678) 605-9109
- View Profile
- Answered
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
