I'm on Workers comp and was laid off. I was asked to sign an attractive severance agreement with a release of all claims.
My advice would be that you confer with an experienced workers' comp lawyer. We've encountered this situation several times in the past. A lawyer can review the severance agreement and, if necessary, add language or revise it to insure that you are not jeopardizing your workers' compensation rights.
My response to your legal question is purely informational in nature and should not be relied on as legal advice. Every legal problem is nuanced and a lawyer cannot provide reliable input on how to best address it without a full understanding of all of the facts, the relationship between the parties, the goal of the prospective client and several other factors. No attorney/client relationship has been created based on my informational response to your inquiry.
Each state controls workers compensation rights and obligations by statutes, which control your question. Typically those statutes provide that it is against public policy to release ongoing workers compensation claims for future benefits, but there are exceptions. The advice of counsel is necessary to assure that the language incorporated in the release is clear to address only the claims that you intend to be released, like labor relations claims for back pay, discrimination, and the like. In addition to the statutes, recent case law should be consulted or researched to be confident the released claims are limited to only those intended.
This response is intended to be a general courtesy and cannot be relied upon in accuracy or thoroughness without more research into the facts applicable to you. No attorney/client relationship is intended to be created hereby, and your results as well as the advice will likely change as the facts change, as it is important to note results are often different in different jurisdictions, as they are many times dramatically different. Caution is therefore strongly advised, along with the need to obtain advice from an attorney experienced with your question in the applicable jurisdiction before you act, and there may well be time limitations to act - or associated with inaction- which suggests the importance of getting the proper advice as promptly as possible.
I agree with Kenny BUT if you've been laid off why would you sign anything? Who does that benefit other than your employer?
The information in the post is not intended to be legal advice but is general information and should not be relied upon. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. If you require assistance then you should speak to a competent attorney in the area of your question.
Be careful here. A release of all claims can means ALL CLAIMS! You need to consult with an experienced workers compensation attorney and employment law attorney. We have handled many cases like yours.
DISCLAIMER The contents of this answer are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this post or any posts linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Howell and Christmas, LLC are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline