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In both cases, particularly when it is a high value, it may be helpful to report the problem to the employer`s insurers to ensure that they are satisfied with the agreed terms and that the comparison is effective. They are unlikely to be concerned about this approach if it effectively treats the debt without any concessions of liability. The case law shows that a general waiver of rights would probably not be sufficient to effectively resolve claims for bodily harm; Instead, it is important to concretely identify the fact that such claims are settled. It is therefore customary to explicitly include personal injury in the list of rights settled by the agreement. A transaction agreement is a legally binding contract between you and another party against which you have lodged an appeal or with whom you are in dispute. In the case of personal injury, this can be characterized as a mutual or general exemption, which is usually an agreement on a certain amount of financial compensation to be paid to victims for medical expenses, loss of wages, pain and suffering, property damage and others. If you have been injured in a car accident caused by the negligence of another driver, the driver`s insurance may attempt to negotiate a transaction to pay for your injury. However, insurance companies too often seek to save money, but not to offer the full amount of compensation for which victims may be eligible, which means that you or your lawyer must continue negotiations and make a counter-offer. The majority of this type of bodily harm related to exuberance is related to psychiatric injuries (depression, work-related stress, anxiety, etc.). From a legal point of view, there is no reason why these rights should not be included in the scope of a transaction agreed with the employer, at least with respect to personal injury already incurred; However, the situation is less clear with regard to rights that have not yet been created.

In such a case, given a concrete incident that has already occurred and for which the employer could be held responsible for the right to personal injury, it would be wise to identify it in practice in the settlement provisions (for example. B by renouncing „all rights to bodily harm including, but not limited to, those that arise“ and then providing certain details of the incident in question).