QUESTION
i was just laid off and given a severance & release agreement which has a release of claims. will my current workers comp case be affected if i sign?
Asked on Apr 30th, 2020 on Labor and Employment - New York
More details to this question:
a few years ago i filed a workers comp claim for repetitive stress in my hands. the case hasn't settled yet but my employer's doctors agreed to the liability portion - it's the payment amount that is still pending. yesterday i was let go from my job and was given a severance agreement to sign that includes a release of claims. the agreement states that i am not releasing any claims that may not be waived as a matter of law. is my workers comp claim one that cannot be waived or should i ask that they specifically state that in the agreement? i'm in NYC. thanks!
1 ANSWER
Be careful. Releases are contracts. You should retain a lawyer to review the severance agreement for a flat fee to make sure you do not release an impairment potential settlement. Medical benefits are not the same as settlement payments which could lead you down a long litigation.
If you do not have a work comp lawyer retain one. They only recover if you recover and their fees are approved by the work comp board.
Sign nothing without lawyers' reviews.
Answered on May 01st, 2020 at 5:44 AM