worker's comp and severance pay

I have a current worker's comp claim. I went back to work on a trial basis but have found I cannot continue and my Dr. is taking me back out of work. My office has offered me one week of severance pay. If I accept the check does it cancel the possibility of a future settlement with worker's comp?

Thank you,

Corey

1 answer  |  asked Jan 11, 2003 8:10 PM [EST]  |  applies to California

Answers (1)

Richard J. Vaznaugh
Worker's Comp.

Not to pass the buck, but it sounds like you have a material injury and you should consult with and retain a worker's compensation attorney in your area before settling anything or resigning.
As to your resignation -- you may be entitled to a reasonable accomodation if your job can be modified to allow you to keep working. If possible, you should ask for this in writing.
Finally, I don't know what if any value your case has but, 1 week of pay is not very much since a voluntary resignation, especially with a release, will be valuable to the employer as it will cut off most of your options other than worker's comp. I presume the company will ask for a complete release of claims known or unknown in exchange. RV

posted by Richard J. Vaznaugh  |  Jan 14, 2003 5:28 PM [EST]

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