This is a question that often comes up when clients are dealing with a workers’ compensation case. Many are concerned that they’ll have to add searching for employment to their list of things to worry about while recovering from their injury. While there is no requirement that says you have to quit your job when you settle your case, it’s still possible you may find yourself unemployed after your settlement.
Settlement Agreements Can Be Very Difficult to Understand
Settlement agreements are common in personal injury cases. They're used when a person is injured at work and wants to settle his/her case out of court. The settlement agreement usually includes compensation for medical bills, lost wages, and possibly future medical expenses.
However, there are some things to consider before settling your case. First, you should be aware of the risks involved in settling your case. Second, you need to understand the legal process and how settlements work. Finally, you must weigh the benefits of settling against the costs of going through trial.
When evaluating whether to settle your case, ask yourself these questions: Is this case worth fighting? Are you willing to risk losing? What are the chances of winning? Will the cost of litigation outweigh the value of the settlement?
There are many factors to consider when deciding whether to settle your case. But ultimately, it comes down to weighing the pros and cons of each option.
Settling Your Lawsuit May Mean Quitting Your Job
Often, an employer will ask you to resign as part of a separate workers' compensation settlement agreement. These settlements are usually for significantly more money than what would cover your disability rating, mainly if it is a permanent disability.
This could happen because when you're offered a more significant workers' compensation settlement, the insurance company pays to give up their obligation for your future benefits and medical care. So, for example, let's say you were allowed to return to work for light duty after a compensation payment of $50,000 for your shoulder injury. If you returned to work six weeks later and re-injured your shoulder, you would have the $50,000 from your first claim and be able to start a new one.
The most common settlement offered to injured employees is a lump sum payment. This means you receive a single amount of money, sometimes paid out over several years.
However, some employers prefer to pay you weekly or monthly instead of offering a lump sum. These payments are often referred to as "periodic payments." Periodic payments are typically made over a more extended period than lump sums.
When negotiating a workers' compensation settlement, it's essential to understand the difference between these two options. Make sure you ask questions during negotiations to ensure you're getting the best deal possible.
If You Settled Your Case, Would You Still Be Fired?
While you can be asked to resign, it is illegal for an employer to fire you for filing for workers’ comp.
But their boss would have encouraged the rumor that they were fired...or at least, they won’t do anything to correct the rumor.
This is because if employees think that the claim caused a coworker to be fired, it will prevent other employees from filing a claim themselves — which means that the employer will save money. You shouldn’t let these rumors prevent you from submitting your workers’ compensation claim.
What if Your Employer Says They Can't Pay You Anymore?
You may be entitled to benefits if your employer says they cannot pay you anymore. Workers' Compensation benefits help injured employees recover from work-related injuries. Benefits may include medical care, disability payments, and vocational rehabilitation services.
However, there are some exceptions to this rule. If your injury was caused by intentional misconduct, you're not eligible for benefits. Also, if you quit your job because your employer refused to pay you, you're not qualified either.
But if your employer refuses to pay you, you may still qualify for benefits. To determine whether you're eligible, contact an attorney who specializes in workers' comp law.