Sign away my rights?

[DisgruntledVirus]

We have a game day deal thing, and have this waiver on my desk that I have to sign to participate (even though we have done days like this before and never had to sign anything, so it's something new). I read through it, and the first part is saying I waive rights to hold the company responsible for any injuries. I don't mind this part, but the second part kinda bothers me. The second part says "I waive and relinquish all rights to Workers' Compensation benefits under the Revised code for injury or disability incurred"

I don't like waiving rights, and don't know if I should waive the rights or not for workers' comp. Am I just making a big deal about nothing?

 

[zerogear]

Depends on the activity, but honestly, I would say don't sign it. Would that make you look bad though?

 

[dud]

I would have concerns as well.

Solution: Don't participate.

 

[lxskllr]

It sounds reasonable to me. If you get injured on company time playing a game, they shouldn't be required to cover you on employee disability. It's the same as you playing football in your back yard, and breaking an ankle. You wouldn't expect Worker's Comp for that, right?

 

[DisgruntledVirus]

Originally posted by: lxskllr
It sounds reasonable to me. If you get injured on company time playing a game, they shouldn't be required to cover you on employee disability. It's the same as you playing football in your back yard, and breaking an ankle. You wouldn't expect Worker's Comp for that, right?

The difference though is that it's not at work, on work time, for a departmental event.

I don't know what activities they have planned, but believe it will be indoors (maybe one or two things outside but nothing like football or anything). Last year we had a departmental event that was a 1/2 day and did chair races, one of those inflatable race things you see in malls (my friend ripped her pants doing it ), and people were playing basketball/volleyball on the courts we have. No waiver was signed for that, but for this there is? It kind of makes me go "hmmm why now all of a suddent?"

I don't think it would make me look bad.

 

[Geekbabe]

Originally posted by: lxskllr
It sounds reasonable to me. If you get injured on company time playing a game, they shouldn't be required to cover you on employee disability. It's the same as you playing football in your back yard, and breaking an ankle. You wouldn't expect Worker's Comp for that, right?

This is reasonable only if he doesn't get evaluated poorly for refusing to participate.

 

[SacrosanctFiend]

In most states, it doesn't matter if you sign a document waiving your rights to workers compensation, you cannot waive those rights. What state are you in?

 

[leftyman]

Originally posted by: lxskllr
It sounds reasonable to me. If you get injured on company time playing a game, they shouldn't be required to cover you on employee disability. It's the same as you playing football in your back yard, and breaking an ankle. You wouldn't expect Worker's Comp for that, right?

If you are "on the clock" or considered to be "at work" and being payed while participating in this activity then yes he should be covered.


*edit*

sign it then call in sick and miss it.

 

[lxskllr]

Originally posted by: DisgruntledVirus

Originally posted by: lxskllr
It sounds reasonable to me. If you get injured on company time playing a game, they shouldn't be required to cover you on employee disability. It's the same as you playing football in your back yard, and breaking an ankle. You wouldn't expect Worker's Comp for that, right?

The difference though is that it's not at work, on work time, for a departmental event.

I don't know what activities they have planned, but believe it will be indoors (maybe one or two things outside but nothing like football or anything). Last year we had a departmental event that was a 1/2 day and did chair races, one of those inflatable race things you see in malls (my friend ripped her pants doing it ), and people were playing basketball/volleyball on the courts we have. No waiver was signed for that, but for this there is? It kind of makes me go "hmmm why now all of a suddent?"

I don't think it would make me look bad.

Yea, but it isn't a mandatory event(I assume). If you were forced to participate, I wouldn't sign it, but paid(assuming again) F' off time, I wouldn't have any problem.

 

[lxskllr]

Originally posted by: leftyman

Originally posted by: lxskllr
It sounds reasonable to me. If you get injured on company time playing a game, they shouldn't be required to cover you on employee disability. It's the same as you playing football in your back yard, and breaking an ankle. You wouldn't expect Worker's Comp for that, right?

If you are "on the clock" or considered to be "at work" and being payed while participating in this activity then yes he should be covered.

Making a claim on those terms is pure cheese. The company is giving a chance to loosen up and have some fun, but they don't want to get fucked for their good will. If you get injured playing a non mandatory game, there's no way the company should be liable.

 

[DisgruntledVirus]

Originally posted by: SacrosanctFiend
In most states, it doesn't matter if you sign a document waiving your rights to workers compensation, you cannot waive those rights. What state are you in?

Ohio.

I'd be interested in reading up on that if you have links that talk about that.

 

[DisgruntledVirus]

Originally posted by: lxskllr

Originally posted by: leftyman

Originally posted by: lxskllr
It sounds reasonable to me. If you get injured on company time playing a game, they shouldn't be required to cover you on employee disability. It's the same as you playing football in your back yard, and breaking an ankle. You wouldn't expect Worker's Comp for that, right?

If you are "on the clock" or considered to be "at work" and being payed while participating in this activity then yes he should be covered.

Making a claim on those terms is pure cheese. The company is giving a chance to loosen up and have some fun, but they don't want to get fucked for their good will. If you get injured playing a non mandatory game, there's no way the company should be liable.

While I agree in theory and on the whole, the law provides for workers comp. I don't think I'll get injured (play racquetball 2-3 times a week, run semi-regularly, etc), it's more of a "what if I do get injured" thing where I don't want that to come out of my pocket for medical.

Option 3 is don't sign it and participate anyways (although that's not exactly "right")

 

[RKS]

if you aren't in the "course or scope" of work duty, then any BWC claim is gonna be difficult to win anyway. it seems like a corp. attorney is trying to cover his/company's ass.
FWIW we had team-building days at my last company and even though it was 50 attorneys on a field trip, we never signed any releases.

 

[olds]

Originally posted by: dud
I would have concerns as well.

Solution: Don't participate.

This

 

[zerocool1]

Originally posted by: Geekbabe

Originally posted by: lxskllr
It sounds reasonable to me. If you get injured on company time playing a game, they shouldn't be required to cover you on employee disability. It's the same as you playing football in your back yard, and breaking an ankle. You wouldn't expect Worker's Comp for that, right?

This is reasonable only if he doesn't get evaluated poorly for refusing to participate.

yep... WC has a really fine line of what the course of employment is. I'd sign it but that's me.

 

[zerocool1]

Originally posted by: DisgruntledVirus

Originally posted by: SacrosanctFiend
In most states, it doesn't matter if you sign a document waiving your rights to workers compensation, you cannot waive those rights. What state are you in?

Ohio.

I'd be interested in reading up on that if you have links that talk about that.

isn't ohio a monopolistic state?

 

[mcvickj]

I would be more concerned with the fine print to make sure if you were to sign it that it only covered that one specific day. You don't want to go signing your rights to workers comp away for a future date(s).

 

[BoomerD]

Personally, having gone around with work comp a few times, I'd just pass on the event.

While the form may specify the waiver for this particular event, signing it could be used against you later on in the event of an accident.

AFAIK, Ohio is NOT an employee state, and unless the event is "mandatory" or refusing to participate would be held against you, just stay at your desk and work.

 

[DisgruntledVirus]

Well, I didn't sign the waiver and went down just to see what was going on. They had 3 tv's with 3 Wii's setup. One playing Rock Band, another Wii Bowling, and a 3rd for kareoke. They had cards and games like "Guess Who?" as well.

So they really wanted me to sign a waiver for Wii Bowling and Guitar Hero when last year we were doing inflatable slides, chair races, basketball, and volleyball.

 

[kranky]

Originally posted by: DisgruntledVirus
Well, I didn't sign the waiver and went down just to see what was going on. They had 3 tv's with 3 Wii's setup. One playing Rock Band, another Wii Bowling, and a 3rd for kareoke. They had cards and games like "Guess Who?" as well.

So they really wanted me to sign a waiver for Wii Bowling and Guitar Hero when last year we were doing inflatable slides, chair races, basketball, and volleyball.

My guess is that after last year's event, one of the execs read a story about a company who got nailed on a WC claim for a similar activity, and thought it would be wise to protect the company from it happening to them.

It's amazing how many scammers there are out there. We hired a woman a couple years ago and it was obvious she was angling for a sexual harassment suit. If she hadn't been so completely blatant about it, it may have worked. We were able to get rid of her before anything happened, but if it had been someone a little smarter and more patient...

 

[MagnusTheBrewer]

Originally posted by: RKS
if you aren't in the "course or scope" of work duty, then any BWC claim is gonna be difficult to win anyway. it seems like a corp. attorney is trying to cover his/company's ass.
FWIW we had team-building days at my last company and even though it was 50 attorneys on a field trip, we never signed any releases.

Now, that's what you call a target rich environment.

 

[Bignate603]

Originally posted by: DisgruntledVirus
We have a game day deal thing, and have this waiver on my desk that I have to sign to participate (even though we have done days like this before and never had to sign anything, so it's something new). I read through it, and the first part is saying I waive rights to hold the company responsible for any injuries. I don't mind this part, but the second part kinda bothers me. The second part says "I waive and relinquish all rights to Workers' Compensation benefits under the Revised code for injury or disability incurred"

I don't like waiving rights, and don't know if I should waive the rights or not for workers' comp. Am I just making a big deal about nothing?

If you're waiving your rights to hold the company responsible you may as well waive your rights to workers comp.

 

[RKS]

Originally posted by: MagnusTheBrewer

Originally posted by: RKS
if you aren't in the "course or scope" of work duty, then any BWC claim is gonna be difficult to win anyway. it seems like a corp. attorney is trying to cover his/company's ass.
FWIW we had team-building days at my last company and even though it was 50 attorneys on a field trip, we never signed any releases.

Now, that's what you call a target rich environment.

:laugh: it's best to keep that info on the DL.

 

[Kanalua]

Originally posted by: lxskllr
It sounds reasonable to me. If you get injured on company time playing a game, they shouldn't be required to cover you on employee disability. It's the same as you playing football in your back yard, and breaking an ankle. You wouldn't expect Worker's Comp for that, right?

Company is being very reasonable and smart. Work isn't a place to play games (unless your job is playing games). Your overweight secretary and the guys in accounting who haven't worked out in decades are that much more likely to snap an ankle...and if it happens at work, especially during a "game day," workers comp is going to cover it.