For most kinds of employment, state workers' compensation statutes govern compensation for injuries. The statutes provide that the injured employee is entitled to compensation for accidents occurring in the course of employment. Every State has some form of workers' compensation legislation. The statutes vary widely from State to State. When an employee is covered by a workers' compensation statute, and when the injury is job connected, the employee's remedy is limited to what is provided in the worker's compensation statute. In other words, the employee cannot sue his employer for negligence.
Workers' compensation acts sometimes prohibit contractual limitations on their operation or the waiver or release of compensation benefits prior to the occurrence of an injury. Even where a statute contains no express provisions curtailing the waiver of benefits, any attempt to nullify or limit access to workers' compensation has been held invalid as against public policy. Thus, unless provided by statute, there can be no curtailment of compensation rights by a contract between an employer and an insurer.
Workers may waive their compensation rights if they are provided for in another manner.
