I went to an event for work. It was a team building exercise at an indoor go-kart track. The briefing given to participants stated no hitting other karts, this was not bumper cars. At the end of a long straightaway, halfway through a 90 degree turn I was struck from behind. I was pushed into the far wall with great force.
I signed the standard agreement our employer has – we participate at our own risk and no injury can be interpreted as work-related, i.e. no workers comp if you blow out your knee on a company ski trip. The go-kart track also has a waiver one must agree to. The instructions are “don’t run into other go-karts”. One of my “teammates” drove headlong into me.
I was in a rear-end accident in my 20’s and suffered injuries to my internal organs, hip joints, rotator cuff, sore kidneys, and on and on. I hope to recover completely from the recent incident with the go-karts which exacerbated my previous injuries.
My question is, with the waivers of liability I signed, is there any recourse left? Can I pursue injury compensation from the other person who hit me? Thanks.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Although you implied you suffered injuries, you failed to state what they were and how serious they were. Because you voluntarily agreed to drive the go-kart and signed both releases your options may be quite limited. The question may be whether the release your employer required you to sign may not be legally enforceable.
Technically you were injured on the job. Being injured on the job entitles you to workers compensation benefits. Depending upon which state you reside in and which insurance company provides coverage for your employer, you may have to confront the insurance company. In so doing you should not let them use the release you signed as an excuse not to pay you.
If for any reason the insurance company denies your claim you have the right to seek legal action against your employer. Hopefully it will not come to that. If it does there are many qualified workers compensation attorneys in your area.
It is probable none of them would charge any legal fee for an initial office consultation.
Learn more here: Third-Party Lawsuits and Workers' Comp
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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