Workers Compensation Waiver Template for England and Wales

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Key Requirements PROMPT example:

Workers Compensation Waiver

"Need a Workers Compensation Waiver for our construction company operating in Wales, covering 50 seasonal workers starting from March 2025, with specific provisions for heavy machinery operation and height-related work."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Employers' Liability (Compulsory Insurance) Act 1969: Fundamental legislation requiring employers to maintain insurance for employees' injuries and illnesses. Cannot be fully waived as it's a statutory requirement.

Health and Safety at Work etc. Act 1974: Sets out basic health and safety duties and contains provisions that cannot be contracted out of. Forms the backbone of workplace safety regulations.

Unfair Contract Terms Act 1977: Restricts the ability to exclude liability for personal injury or death and makes certain waivers automatically void. Critical for determining what can and cannot be waived.

Social Security (Recovery of Benefits) Act 1997: Governs the recovery of social security benefits in compensation cases, affecting how compensation payments interact with state benefits.

Employment Rights Act 1996: Provides fundamental employment rights and contains specific provisions about workplace injuries and their handling.

Common Law Duty of Care: Established legal principles regarding an employer's duty of care to their employees, which cannot be completely waived through contractual terms.

Employee vs Contractor Classification: Legal distinction between employees and independent contractors, which affects the applicability and extent of possible waivers.

Relevant Case Law: Body of court decisions establishing precedents on the validity and enforcement of workplace injury waivers in England and Wales.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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