Waiver - is there a way to win a case when u signed a waiver?
By ireneortiz
@ireneortiz (272)
Philippines
January 23, 2008 11:14pm CST
Hi everybody, as i have told you all, my husband is applying to work abroad and that he's medical exam showed that he failed the ishihara test or that he is colorblind. Now the agency asked him to sign a waiver that the agency will not be held liable if something happened to him abroad. My husband signed the waiver because he really wants to work abroad. My question now is , If something happened to him while working abroad is there a way he can go after the agency even if he already signed a waiver? I mean is there a loophole somewhere? I asked this question because ofcourse i want him to work abroad but i dont want also something bad happen to him while working. so im just getting opinion how can we beat the waiver that he signed with the agency incase something will happen to him.
1 person likes this
4 responses
@jayman32 (267)
• Australia
24 Jan 08
Hello, i think if the waiver was false or misleading in some way then maybe you could. but if your hubbie new what he was signing 100% & what the risks involved are then no, dont think you have a leg to stand on. but i could be wrong, there are alot of smart people out there so who know's...........
@ireneortiz (272)
• Philippines
24 Jan 08
hi there, thank you for your response. well im just hoping there could be a way out there. I havent seen the waiver, i asked him to get a copy of the waiver.
@jayman32 (267)
• Australia
24 Jan 08
you havent seen it? hubbie should have brang it home for you to read & agree before signing. maybe that can be your way around it, working oversea's does affect you, he's company should have made sure that you agreed to this since signing the waiver affects you all.you should have been cansulted before pen was put to paper since in the invent of the worst (god forbid) you would have to pay for EVERYTHING, as well as suffer the lose of hubbie. that doesnt seem fair to me..
@ireneortiz (272)
• Philippines
24 Jan 08
Exactly what i told my husband. my fear in here if he will not sign a waiver they will not process his application which i think is also unfair. but we do not want to brag the agency they might hold his documents.
@qbranchltd (129)
• United States
24 Jan 08
What is the agency's role in this? Will he be employed by this agency in any way? Is this just a referral agency and he will be employed by another company abroad? If he will be working for an American company's location abroad, he would be covered by that company's workers compensation insurance in the event of any injury while on the job. Company's in other countries may not have any similar employee protection and then he would have no protection.
As to breaking the waiver, it really depends upon the wording of the waiver. The fact that he signed this it becomes a legal and binding document. If you are very concerned that there is a reality of something happening to him take this waiver to an attorney now and have the attorney determine for you now what liabilities there will be and what rights your husband has signed away. It is best to do this now and decide if he is really going to go abroad or not.
@ireneortiz (272)
• Philippines
24 Jan 08
Actually i havent seen the waiver yet. My fear is if we ask agency for a copy of the waiver they might not process my husbands application abroad. So my focus is how to get away with the waiver after he is already working abroad.
@vanities (11395)
• Davao, Philippines
25 Jan 08
Im not so familiar with legal case but as what i have understand he had signed a document(waiver) which means that as it states you really cant or made the agency liable to any accidents that may happen to him while working abroad..its best that he will not allowed to work abroad for his sake and your family...have you tried consulting it to the lawyer??plss try..
@jumpinjack00 (3054)
• United States
24 Jan 08
First things first. If something did happen to him
abroad, the company that hired him is liable for
damages. That is if the incident occurred at work.
Some companies in some countries may also want him
to sign a waiver which is not recommended.
As it appears from what you explained. The waiver
he signed for this agency is legal and binding. It
really doesn't matter though because he's not under
their employment. Unless they are the one who pays
him.
If he is working as a representative of this agency
than a good attorney will be able to find a clause
to exploit. Something like, They shouldn't have
placed him in a position knowing his condition.
What it boils down to is. Whoever he is working for
is the liable party should he get hurt at work. There
are always loopholes to protect employees as well as
the employer.
‹(°¿°)›
@ireneortiz (272)
• Philippines
24 Jan 08
hi jack, i really dont know who will pay him, i havent seen the contract of employment yet. But with what you have said, i got somehow relieved. I think the best thing i can do is to pray for his safety every now and then.