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Worker's Compensation Information about worker's compensation claims process and worker's comp benefits.

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Old 03-10-2009, 07:34 PM
stebbinsd stebbinsd is offline
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Default Injuries for Independent Contractors
My question involves workers compensation law for the state of: Arkansas

Independent contractors are not entitled to workers' compensation. However, could a person or company hiring that independent contractor force the person to sign an injury waiver as a basis for using their services? Would such a waiver be entertainable in court?
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Old 03-13-2009, 09:57 AM
Mr. Knowitall Mr. Knowitall is online now
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Default Re: Injuries for Independent Contractors
I can't read this "injury waiver" form from where I'm sitting. Have your lawyer review the document.
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Old 03-13-2009, 10:44 PM
stebbinsd stebbinsd is offline
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Default Re: Injuries for Independent Contractors
Quoting Mr. Knowitall
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I can't read this "injury waiver" form from where I'm sitting. Have your lawyer review the document.
Okay, first of all, I thought this whole website was designed specifically so people could ask legal questions without having to pay for an expensive laywer.

Second, it's a standard contract, the kind that a gym would make you sign; the kind that a martial arts dojo would have you sign.
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Old 03-26-2009, 07:52 PM
Bubba Jimmy Bubba Jimmy is offline
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Default Re: Injuries for Independent Contractors
You are asking people if a clause in a contract they've never read is "entertainable" (I think you mean enforcable) in court. Think about what you're asking for and I think you'll understand better. There aren't many clairvoyants here.
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Old 03-26-2009, 08:12 PM
stebbinsd stebbinsd is offline
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Default Re: Injuries for Independent Contractors
Quoting Bubba Jimmy
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You are asking people if a clause in a contract they've never read is "entertainable" (I think you mean enforcable) in court. Think about what you're asking for and I think you'll understand better. There aren't many clairvoyants here.
Well, I haven't signed it yet, so I don't know. This is purely hypothetical. Haven't you ever heard of "planning ahead?"

Let me put it this way: No contract is going to be enforced where you agree to work for less than applicable minimum wage, regardless of the wording of the contract. Neither is any contract going to be enforced that allows one party to discriminate against another on racial or sexual grounds, unless it's a bona fide occupational qualification, such as a porn star, but even then, you can't have a woman have sex with you to get the job as the porn star in the first place, because that's prid pro quo sexual harrassment.

My question, would such a contract that waives any workplace injury liabilities (assuming ideal wording) be valid? I know there are some kinds of injuries that do and some that don't, but I'm asking for a general list of those that are and aren't.

If you can't tell me, at least give me some reading that can help me understand it.
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Old 03-30-2009, 08:18 AM
Mr. Knowitall Mr. Knowitall is online now
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Default Re: Injuries for Independent Contractors
The reason people tell you to "read the contract" is because you need to read the contract to know what's in it. No, there's not a single, standard contract used by all businesses, everywhere in the world.
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Old 03-30-2009, 09:15 AM
LawResearcherMissy LawResearcherMissy is offline
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Default Re: Injuries for Independent Contractors
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This is purely hypothetical.
Contract law doesn't deal in hypotheticals, only in the specifics of an actual contract and the laws of your state.

Which is why people keep telling you that we can't help you with your question.
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