Q: Do I have to resign if I am offered a comprise and release settlement for my work comp case?
The compromise and release offer was made after returning to work in my official capacity almost 3 years ago. There are no stipulation stating so.
A: Technically you don't but employers regularly want one signed with a compromise & release settlement and only will agree to sign it if you send them a signed resignation letter. Make sure you have a competent attorney review it because it could have additional language in there that could waive potential labor & employment claims you may have against your employer. I hope this helps.
In California, you are not required to resign if you are offered a compromise and release settlement for your workers' compensation case. A compromise and release settlement is an agreement between you and the workers' compensation insurance company to settle your claim for a lump sum payment.
If you accept the settlement offer, you will be giving up your right to receive any further workers' compensation benefits related to your injury. However, you are not required to resign from your job as a condition of accepting the settlement offer.
It's important to carefully review the terms of the settlement offer and to consult with an attorney who specializes in workers' compensation law before accepting the offer. An attorney can help you understand your rights and obligations under the settlement agreement and can advise you on whether the settlement offer is fair and reasonable based on your specific circumstances.
A: Yes most carriers will not C&R Your workers compensation case if they still insure your employer where the injured occurred and your still an employee of the same company. Arrasmith answer is wrong in that there is no law governing this. It’s a policy of most insurers. If you don’t agree to resign they simply won’t offer a C&R.
A: NO. You don't have to resign. But if the offer is only good IF you resign, and you want that offer, then you have to resign. Many people wait to do the Compromise &Release Agreement until they are about to retire or move, until they are ready to resign. If you like this job and need to keep this job, you don't have to accept a settlement that requires a resignation.
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