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Severance agreements/settlement negotiations

Can an employer require an employee to waive his or her workers compensation rights in a severance agreement?

No. An employer cannot ask an employee to waive his or her rights to workers’ compensation in a severance agreement. For example, consider an employee who negotiates a severance agreement in which the employee agrees to waive any claim for discrimination in exchange for a monetary payment from the employer.  The employer cannot include in that agreement a waiver of any workers compensation claim.

Any settlement agreement that resolves a workers compensation claim must be separately approved by the Division of Industrial Accidents.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464
617-969-2900

pam@pamsmithlaw.com

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