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Disability Law

: Pennsylvania Workers' Compensation Journal

Statute of Limitations Waiver and Workers? Compensation

By Judge Robert Vonada

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A Law.com article reports many companies are using and enforcing a waiver limiting statutes of limitations for employment claims to six months. The waiver is executed in the job application. The article refers to employment discrimination claims. The Pennsylvania Workers? Compensation Act provides parties can?t alter the provisions of the Act except in collective bargaining.

The impact would be that the claimant would have to pursue claims during the first six months of treatment and recovery from the work injury. Although claimants typically waive employment law claims for minimal or no consideration as part of a compromise and release, they certainly would receive no consideration if these claims are barred.

Full post as published by Pennsylvania Workers' Compensation Journal on July 26, 2008 (boomark / email).

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