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Worker's compensation question.?

Fargo, ND |

Do I have to resign if I receive a lump sum from worker's compensation case against my employer

Attorney Answers 6


  1. No. You may very well increase your recovery if you are represented by counsel. Good luck.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  2. No you do not have to resign howevere many insurance companies will try to rrequest a resignation as part of a settlemenrt. There is adifference between what the attorneys consider settlement a receipt of a lump sum of benefits. In my state you can receive a lump sum without "settling" the case.
    Check with an attorney there to see what the law in ND allows


  3. No. Unless agreed to by the parties to the workers compensation case.


  4. A settlement is an agreement by the parties so the terms are created by them. Each state has some variations on specific language. But as a general rule, many employers do require a resignation. Their rationale is they don't want you to get re-injured and file a new claim if they have paid to end a current claim. Talk to an attorney so you can understand fully your rights and options.

    This answer does not constitute legal advice for your situation and no attorney-client relationship has been formed. We can only assist you if you come into our office, meet with one of our attorneys, sign the necessary fee agreement and other necessary workers' compensation forms. Until then, we are not acting as your attorney and can take no actions to protect your interests. Further, we can not properly advise you as to the deadlines to act, also known as the statute of limitations. We can tell you missing such a deadline, even when you are unaware of, will result in you losing all rights under your claim.


  5. No your acceptance of a lump sum payment does not limit your ability to work.