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Workers Compensation Waiver Template for England and Wales

A Workers Compensation Waiver is a legal document under English and Welsh law that establishes specific terms regarding workplace injury compensation claims. While it cannot override statutory obligations under the Employers' Liability (Compulsory Insurance) Act 1969 or other mandatory protections, it can define the scope of voluntary compensation arrangements and clarify the claims process. The document must carefully balance employer interests with worker protections mandated by law.

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What is a Workers Compensation Waiver?

The Workers Compensation Waiver serves as a crucial document in employment relationships where specific arrangements regarding workplace injury compensation need to be established. While maintaining compliance with English and Welsh law, particularly the Employers' Liability (Compulsory Insurance) Act 1969, this document outlines permissible limitations on compensation claims, defines agreed processes, and clarifies both parties' rights and obligations. It's particularly relevant in high-risk industries or where standard compensation arrangements need modification within legal boundaries.

What sections should be included in a Workers Compensation Waiver?

1. Parties: Identification of employer and employee/worker

2. Background: Context of employment relationship and reason for waiver

3. Definitions: Key terms used in the waiver

4. Scope of Waiver: Specific rights being waived, with clear limitations

5. Statutory Rights Acknowledgment: Express statement of non-waivable statutory rights

6. Consideration: What the worker receives in exchange for the waiver

7. Governing Law: Confirmation of England and Wales jurisdiction

What sections are optional to include in a Workers Compensation Waiver?

1. Insurance Details: Details of employer's insurance coverage, used when specific coverage needs highlighting

2. Claims Process: Process for making claims, included when alternative dispute resolution is preferred

3. Third Party Rights: Rights of insurers or other third parties, included when relevant to specific situation

What schedules should be included in a Workers Compensation Waiver?

1. Schedule of Excluded Claims: Specific claims or circumstances not covered by the waiver

2. Insurance Certificate: Copy of current employers' liability insurance

3. Risk Assessment: Relevant workplace risk assessments (if specific to role)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Insurance Form

Cost

Free to use

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