In Camacho v. Target Corporation, the Court addressed a workers’ compensation waiver and whether it constituted a general waiver.  The plaintiff filed a lawsuit for discrimination based on sexual orientation, harassment causing a hostile work environment, failure to prevent harassment and discrimination, retaliation, constructive termination in violation of public policy, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent hiring, supervision, and retention, and a violation of the Bane Act (Civ. Code, § 52.1). The trial court concluded that language included in an addendum to a preprinted compromise and release form utilized to settle Camacho’s workers’ compensation action against Target constituted a broad release of any and all potential claims that Camacho may have had against Target, including claims falling outside the workers’ compensation system. Plaintiff appealed and the appellate court reversed.  The Court of Appeal stated held that the standard language of the preprinted form used in settling workers’ compensation claims did not constitute a general release of an injured worker’s civil claims against his employer.

Despite this ruling, the lesson here is that employees have to be careful when settling workers’ compensation claims that they do not accidentally settle potential employment claims. While there is often cross-over, a workers’ compensation claim is different than an employment suit for other claims, such a discrimination and harassment.

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