I've been hiring employees (nurses) to care for my spouse in our home for 18+ years. I'm in Florida - State law says I don't need Workers Compensation unless you have 4 or more employees - I have 2, never need more than 3. Tried to get WC anyway, many times - No company will ins us, to high risk with little return.. Same goes for trying to obtain Liability Insurance. I aleady have employes sign a waiver for WC just so they know I'm within the law by not providing it - this way I don't need to post it.. My question is: Can I get a waiver, covenant or contract created "basically stating can not sue" agreement and have new and existing employees sign it? Maybe yearly? Is this legal and binding? Thank you, BobK
Please let me know if my answer is helpful, or if I can provide further clarification or assistance.
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Your answer about a court of law stating the waiver agreement is unfair was kind of what I expected.
As far as a staffing agency or nursing agency would be out of the question. They are terrible in our are location and hiring on our own solved all our problems of obtaining good nursing care. And present employees have been with us 9 & 4 years, so I wouldn't want to lose them.
Like I said, we already have waivers in place but they are not worded "in consideration for payment"
So if I changed the current wording for current employees and request they sign, what you typed reads like your saying I'd need to give them a substantial raise (as they are making 1-1/2 X nurses get paid through an agency as it is).
I don't know why this is bothering me after 18 years, I think it's just the fact every ins co has turned us down...
Would the waiver hold more weight if we added either party "employer and employee" waives the right to sue each other?
All ins co say basically the same thing..
With 2-3 employees their premium would never cover an injury or attorney if needed --
And insuring against Home nurses is considered high risk --
Thank you for your help, gives me something to think about,
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