Q: my lawyer told me that after the settlement with company and work comp. he told me i have to leave my job? its that true

i don't see why i have to leave my job... just because i got hurt at work or because my lawyer say so... i don't find that fear...

1 Lawyer Answer
Timothy Belt
Timothy Belt
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: Settlement is voluntary. If you don't want to settle your claim you don't have to settle. Similarly, if the employer/carrier is not interested in a settlement proposal, they do not have to take it. You don't have to settle your claim, but if you choose to do so, many employer's and workers' compensation carriers will require a resignation. As I explained the last time you asked this question, part of what the employer/carrier is paying for in the settlement is to be relieved of future liability. If you return to work with the same employer and re-injure the same body part, they are back on the hook for workers' compensation benefits. If the employer/carrier is not willing to settle without a resignation, you can't force them to settle without a resignation. If you don't want to resign, than don't settle.

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