When Is a Waiver Form Needed?
In New Hampshire, a subcontractor may be asked to sign a workers' compensation waiver form if the prime contractor wants the subcontractor to assume responsibility for any work‑site injuries. The waiver is only valid if the subcontractor is not covered by the state's workers' compensation system and the agreement does not violate public policy.
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Key Legal Requirements
NH law requires that any party who is not covered by workers' compensation must provide a written waiver that meets specific criteria:
- It must be signed voluntarily by the subcontractor.
- The form must clearly state that the subcontractor waives all rights to workers' compensation benefits for the scope of work covered.
- The waiver cannot be used to sidestep mandatory coverage for employees who are actually covered under the state system.
If any of these conditions are missing, the waiver is likely unenforceable, and the prime contractor could be held liable for injuries.
How to Complete the Form
Filling out the waiver is straightforward but must be done accurately:
Potential Risks and Protections
Both parties face risks if the waiver is mishandled:
| Risk | Who Is Affected | Mitigation |
|---|---|---|
| Invalid waiver | Prime contractor | Ensure all legal elements are present; consult counsel. |
| Uninsured injury | Subcontractor workers | Maintain separate workers' comp coverage or obtain a commercial policy. |
| Legal penalties | Both parties | Document voluntary consent and retain copies. |
Because the waiver does not replace statutory coverage, any employee who is covered under NH workers' compensation cannot be forced to waive those rights.
When to Seek Legal Advice
If the subcontractor's workforce includes employees who are already covered, or if the scope of work is broad and ambiguous, the safest route is to have an attorney review the waiver. Legal counsel can also help draft language that complies with NH statutes while protecting the prime contractor's liability exposure.
Best Practices for Ongoing Projects
For projects that span multiple phases or involve several subcontractors, keep a master record of all waivers, noting expiration dates and any changes in insurance status. Regularly verify that each subcontractor's coverage remains current, and update waivers when project details shift.