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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


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