Exercise room waiver needed

WOCO Frank

Our office has a workout room. I have to develop a waiver agreement for all employees to sign ASAP. Do any of you have a similar waiver you'd be willing to share?

TIA!

Don D

Waiver of what, Frank? I don't think it would be worth the paper its written on.

AnneLa

We also have an exercise room. Our legal told us not to bother with a waiver - it wouldn't stand up in court.

DB

If a waiver is no good, does that mean an employee who gets hurt using the company facilities is eligible for worker's compensation? Does it make a difference if the injury occurs during lunch hour or after the employee's regular shift?

We were hoping to implement some employee wellness incentives that may include a walking track on company property. Maybe that's not a good idea from a liability stand point. Any suggestions?

Don D

On Job Injury covered by Comp and an employer's property and casualty insurance covering an injury occuring on your property are two different things. If an employee is not on the job and an injury does not occur out of the course of their employment while performing work for the company, comp would certainly controvert and ultimately not pay. In that case, if the injury occurs on your property otherwise, your property insurance would come into play at least in the form of a claim. As one post said, a waiver of right to recourse for an injury occuring on your property will not hold up. One of our lawyers recently reminded us, "You cannot sign away your rights or ask anyone else to."

WOCO Frank

Well, we all thought that before the S.D. Supreme Court ruled on the muskrat trapper!

>If an employee is not on the job and an injury does
>not occur out of the course of their employment while performing work
>for the company, comp would certainly controvert and ultimately not
>pay.

Brad Forrister

In some states, workers' comp covers injuries while engaged in an exercise class on company property or playing on a company softball team. I'd check with your attorney or your workers' comp carrier.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

WOCO Frank

I guess waiver was not the best term to use. What I'm putting together is a form in which the employee acknowledges that they've read the rules on use of the room/equipment, that they understand that they are to use the room only when they are off the clock, etc.