It is not uncommon for our clients to have questions about Massachusetts workers compensation and how it works. Because of this, we at Wolpert Insurance have taken it upon ourselves to answer a couple of the most common questions asked.
#1: Can employers require an employee to sign something affirming they are not injured when laid off?
Yes, but it will not prevent a workers compensation claim. No employer can require an employee to waive their workers comp rights. Sure, it may assist in creating a defensible position later if a claim is filed but it will not necessarily preclude recovery under workers compensation. Sometimes, employers will offer money at the time of the layoff (usually about $1,500) to the employee to sign an agreement that he or she will not file for a workers comp claim later. However, it may not hold up legally if the employee should file a claim later. The signing of such a form may have a psychological impact on the employee in that he or she THINKS they have signed away their rights.
#2: Can employers have the employee waive rights to workers compensation in the severance agreement along with the other claim waivers?
No state allows this.
If you have any other questions or concerns about Massachusetts workers compensation, do not hesitate to contact us at Wolpert Insurance. You can even check out our Youtube Channel for a variety of Q&A videos! Be sure to come back next week, where we will discuss stress claims and layoff fears.