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Do you lose your job if you take a worker comp settlement ?

Columbus, OH |

IMy current lawyer said I can take the settlement but I will give up any further medical and said I would lose my job and I understand the medical part but is job loss always part of the situation to?

Attorney Answers 7


  1. Frequently the insurance company will ask someone to resign from the job as part of settlement. You need to discuss this with your attorney since they know the law in your state and what is common practice there.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.


  2. Not necessarily. In New York, employers will not necessarily settle the case with an injured employee, especially for injuries to the back and neck. The reason employers will not settle with an employee is that they would still be responsible if the employee suffered another injury to the same body part, thus nullifying the settlement. Please consult with an attorney to make sure that the settlement is adequate. Search avvo.com for an attorney near you in Columbus. Good luck.

    Attorney David Snyder is licensed to practice in the State of New York where he operates the Snyder Law Firm located at 6876 Buckley Rd., Liverpool, NY with a web address of www.snyderlf.com and www.syracuseworkerscomp.com. Mr. Snyder’s answers are intended to assist legal consumers in obtaining the most accurate information possible and to find the most appropriate lawyer when necessary. In no way can any of his answers be construed as legal advice without being retained and having all relevant information available to him.


  3. You need to speak to your attorney again. Settlements generally do not require you to quit your job.

    My answers on Avvo are for general information only. They are not legal advice. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. All legal proceedings involve deadlines and time limiting statutes. So that your legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice by answering a question on Avvo , you should promptly and personally consult with an attorney for legal advice.


  4. A workers compensation settlement does not mean that you have to lose your job. I would speak with your attorney to make sure you understand what he or she means by this.


  5. Resignation is not required by law when settling an Ohio workers' compensation case. Unfortunately, it is common practice in Ohio for employers to require your resignation as a part of a settlement. Your attorney can help you further understand the effect of this settlement.


  6. The real question to ask is whether giving up your job is either required or forbidden by law. There is no legal requirement that as part of s settlement you be forced to give up your job. Whether the law forbids a settlement in which you are forced to give up your job is a more complicated question. I assume from your question that you have at least some remaining work capacity. If you do then whether it would ultimately be fair to require you to give up your job would ultimately be decided by the official body approving your settlement. One of the most important questions the body (sometimes a judge) will ask is whether you understand what you are doing. If you do, it is very likely the settlement will be approved. Whether you should enter in to a settlement in which you give up your job depends on whether you really want to keep your job. If you do want to keep it, then you should not settle on those terms unless you and your lawyer decide that it will be difficult to win your case at trial. If you have a difficult case it may make sense to give up your job assuming the other financial aspects of the settlement are acceptable. If you have a strong case, why settle on terms that you don't like?


  7. Every state workers' compensation laws are different. In Montana, if an injured worker returns to his time of injury job, then his benefits are reduced so most employers will try to help injured workers return unless the modifications required are too expensive. Injured workers are not guaranteed to get their old job back but they do have limited rehiring preference rights which we can explain.

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