Workers Compensation & Your Job
What Comes Next?
Do I Have to Quit My Job to Settle My California Workers Compensation Claim?
This is an issue that we often see. And it is happening more and more. Injured workers trying to resolve their Workers Compensation claims are being required to agree to resign in order to settle claims. This requirement is forced on many unsuspecting injured workers by insurance carriers and by employers who don’t want these “disloyal” employees back. It’s wrong and feels unfair, but it happens all the time.
This practice is unfair because in California workers who are injured during employment must go through the Workers Compensation system to get treatment. It creates a chilling effect on treatment each time an employee loses their job to settle their claim.
Injured or disabled workers can have a very hard time finding new jobs. That’s why California law requires employers with five or more employees to accommodate disabled workers. Workers that are given Workers Compensation settlement offers that include resignation need to consult with an employment lawyer before signing. If the resignation is being pushed because the employer does not want to accommodate you it may be due to Disability Discrimination.
While some arguments can be made that the agreement is invalid and not enforceable, the employer will use anything you sign in employment litigation to cut off economic damages, they will argue that you accepted the terms of the resignation and settlement. Speaking to an employment attorney can help you avoid unnecessary risk if you have a Disability Discrimination claim.
Before agreeing to resign you should:
- Determine if you might have a Disability Discrimination claim;
- Consider your employment prospects if you resign; and
- Determine eligibility for unemployment under the circumstances.
Economic and emotional damages usually occur when these laws are violated. If you believe you may been the victim of Discrimination it is important that you protect your case. Discrimination, Harassment or Retaliation should not prevent you from asserting your legal rights. Get help instead. We know how to fight against Discrimination. We won’t pressure you and we won’t tell your employer. Call Hogie & Campbell for a Free Consultation at (714) 508-6422.
Hogie & Campbell | Employment Lawyers
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