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I was terminated due to lack of work. I was provided with a separation agreement that I am required to sign to get my severance. The language includes wording that I release the company "from any and all claims, known or unknown...". I have a workers comp case filed with this company (their idea, not mine) due to a car accident I was in while on the job last year. I was not out of work long enough to collect lost wages, but it has covered my medical bills related to the accident (still ongoing). Will signing the separation agreement negate my workers comp coverage?
I realize no one can say for sure without seeing the document, just trying to get some general ideas here.
Check with HR. Then confirm with an employment attorney. I would think that your separation agreement is not retroactive to ongoing action, but I'd confirm that before you sign your agreement.
True, but the answer is NO, no one can deny you your workers' compensation benefit(s). They are one of your rights. You should also be eligible for unemployment, after your employer removes you from her/his active employment list. The separation agreement has to do with EEOC claims, like ageism, disabledness, ethnicity, genfer, etc...(and some tort claims)
To calm your mind, you can call your free legal service in your city. They usually have phone hours two days a week. You must be patient. Or you can call your workers compensation office.
You will find their number on this site or the answer to your question:
I was terminated due to lack of work. I was provided with a separation agreement that I am required to sign to get my severance. The language includes wording that I release the company "from any and all claims, known or unknown...". I have a workers comp case filed with this company (their idea, not mine) due to a car accident I was in while on the job last year. I was not out of work long enough to collect lost wages, but it has covered my medical bills related to the accident (still ongoing). Will signing the separation agreement negate my workers comp coverage?
I realize no one can say for sure without seeing the document, just trying to get some general ideas here.
I would ask for a copy to take to the Georgia workforce. Tell your employer that's what youre doing. If they have no problem with that, then there is nothing to worry about. If they get antsy, then you might need to discuss it with an attorney. The workforce is free, and they will advise you of unemployment and all rights, while you have the "unsigned" document, you can do with it whatever you want,, if you choose to have an employment attorney review it, then, by all means do so.
I had a lawyer look at it who agreed that the wording they have states that I give up any claims - which would include workers comp. I told my company this and that I wanted an exception added for that claim (which was their idea to begin with), and they flipped out. I have to sign the release within the next week in order to get the severance, which I need, so it looks like I am going to be stuck giving up the claim. (Would have covered future medical bills, they are not paying wages or anything like that). Does anyone know if this release of the claim means I have to pay back all of the money spent on doctors visits so far?
Read this: Obviously you misunderstood your attorney, her/him. (and yes, you will look to state law. but i parry that your state law is similiar to Michigans!)
The Effect Of Buy-Outs/Severance Packages On Workers’ Compensation Benefits
In this age of job shrinkage, many employers are now offering what has been termed either “buy-outs” or “severance packages” to their employees. We have read a great deal about the packages offered to workers at General Motors and Ford Motor Company, but in addition to the auto industry a myriad of other employers are offering buy-out packages. Packages are negotiated not because of the weakness of the trade union movement but because of the strength of the movement. Companies that are non-union very seldom offer such packages to their employees, the employees are simply terminated. Questions have arisen regarding the rights of injured workers when they accept severance/buy-out packages...
No, if you were hurt on the job, and its a valid WC claim, the company will pay. the question is, how much is the severance package? and what is your possible unemployment benefits, if you don't know that, then currently, what is your salary, roughly, we can give you our estimate, we're all there. If the severance package isn't that much, don't delay your ue benefits for that. Medical bills for an existing claim will continue to be paid, they can't stop until the doctor and that claim is released. You can't release them.
The type of release that they are trying to get you to sign is Illegal, I don't know the type of lawyer you went to, but an employment specialized attorney would have probably advised you to take the money, sign the document and keep getting medical attention if the claim is not fulfilled.
If you have been released from the Doctor on that claim, 100%, and the insurance company has closed the claim, then thats a different story, but even then, it can be re-opened for up to 2 years after the initial accident. They are trying to bully you into believing that the release is valid, and you can't sue them for future pain and suffering, problem is, the severance package isn't related to the accident, so they can't say they are paying you for it.
Gea, chime in here, if you care,
The accident is a seperate incident, ergo, not related to the severance package, so there is no compensation for the release of claim for the "WC Claim", which, is illegal under Federal Employment law in the first place. They can't ask you to release them from liability, once there has been a claim filed and it's being paid upon. It's open basically, forever, or until you are 100% healed.
Whatever you sign is really a moot point, it won't stand up in court, or in the unemployment office, as long as you are laid-off. Get a letter from them first, stating your reason for being let go. Hell, get that one for reference and for the unemployment benefits.
psst, i was kind of put off when the poster said that he spoke to attorney, which imo seems very unlikely, and then, had nothing really to add to the conversation.
It is interesting though, since even though they say WC is a right that cannot be interfered or be a reason for retaliation by the company, the fact is that some states have varying rules as to the effect of voluntary and involutary severance packages on U.I/U.C., which makes you wonder! But not W.C.; Although, in one case, there was a dispute whether the W.C. was an injury before or after. So, if it was after, there is a CHANCE that if the Poster were to get sick from lets say abestos, after he is terminate, that he could lose his W.C. Rights!!
good luck!
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