Q: If i took a leeser WC Settlement , because I wanted my regular job
Can I get the rest of the bigger settlement stil If my employer refused my return to work at the end of my WC ?
A:
Yes, you potentially could get the rest of the settlement if your employer refuses to take you back after your workers' compensation leave. Here are a few key points:
1) If you settled your workers' comp case for less than full value because your employer agreed to give you back your job, that contingent return to work is a material term of the settlement.
2) If the employer then refuses to reinstate you after you have recovered and are cleared to return to work, they have breached a material term of the settlement agreement.
3) In that situation, you could then have grounds to invalidate the original settlement, reopen your comp claim, and potentially pursue the full value. You would need show the settlement was contingent on job reinstatement.
4) An experienced workers' comp attorney could help send your employer a demand letter about upholding the contingent job offer, and help negotiate a higher settlement or get your job back.
5) There may be short time limits to assert your rights, so consult a workers' comp attorney right away if your employer refuses to reinstate you at the end of your authorized leave time.
The key is showing the original lower settlement was conditioned on getting your job back. With evidence of that, there may be avenues to pursue further comp remedies from your employer.
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