Q: I have a comprise and release settlement option for my workers compensation claim.
Some of the matters being settled include: wages, employment, serious & willful misconduct, and discrimination (LC 132a), does this mean resignation? How can I tell if resignation is part of the C&R? Thanks.
A: You should have hired an attorney to represent you in your workers compensation case. It’s very complex. A C&R typical says your settling all issues generally even ones that don’t apply to you directly. FYI no insurance company will ever offer you a fair and proper settlement. Why should they? They get a deep discount when they settle with non represented people.
A: If you genuinely cannot tell is this agreement does not require a resignation, YOU SHOULD NOT BE REPRESENTING YOURSELF! You could be giving up more than the job! 95% of Compromise & RElease Agreements are offered because the injured worker is no longer performing the pre-injury work, and is physically unable to do so, so a Voluntary Resignation is included in the documents. If you are still on the same pre-injury job and the insurer is not sending a Voluntary Resignation, you might be one of the 5% who can settle with a Compromise & RElease Agreement but stay on the same job. If a physician wrote that you cannot perform the pre-injury job safely and the employer has no opening that matches your permanent work restrictions, you're terminated anyway. Why are you settling a 132a claim? Why are you settling a Serious & Willful? Is there extra money on the table to close out all of those rights? Do you understand what you are releasing? If not, this is not a good idea!
A: It is only a part of the C&R if you agree to include it, so I am confused at the question in the first place.
A: No it doesn't mean resignation. Typically, there is a separate resignation letter that the employer will want you to sign when signing a compromise & release. When you initial wages, it means if there was ever a dispute as to how much you were making for the employer, that issue is being settled. For employment, it means if there was ever an issue as to whether or not you were considered an employee or not, that issue is being settled. For LC 132a (discrimination) if you were discriminated against or fired because you filed a work comp claim against your employer, that issue is being settled. For Serious & Willful, if your employer knew of a danger at work and ignored it causing you to get injured (gross negligence), that issue is also being settled when you initial it. None of those issues you refer to have anything to do with resignation. Again, typically, they will have a separate document for you to sign that has you resigning from the employer, promising never to apply there again, but its never part of the compromise and release itself.
A: In a workers' compensation Compromise and Release (C&R) settlement, the terms can vary, including whether resignation is required. To determine if resignation is part of the settlement, carefully review the agreement and consult with a workers' compensation attorney. It's important to fully understand the agreement before signing in order to protect your rights.
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