I am on Work Comp and my work offered me a severance package

[smithers26]

What is the name of your state (only U.S. law)? Illinois
So I have been on work comp since June 09 from a Car accident while at work. My low right side of my back got injured. Been on work comp since. MRI says everything is aok, but my job I have to sit down for 8-16hrs a day. I cannot do that. Work comp stop benefits a month ago after I had an IME. I had over 2 months of PT, MRI, ERG, TWO shots on SI Joint, and several doc visits since June 09. I saw another Orthopedic, said off work plus more shots in back. What should I do???? Should i fight for the lost month TTD checks. There has been no surveillance at all. Pretty lawyer wants me to settle....How much would the settlement be for about an year out of work make 36,000 with lumbago and Radiculopathy????
I still have pain in right side sitting and standing to long.
So work called me and offered me a severance package, of two weeks pay, pay for 5000.00 in health insurance, leave on good teams, and will not fight unemployment. There has to be a reason why they are doing this, they only benefit themselves. I NEED HELP**************MY lawyer is not helping me.
Some please explain this to me....How much should my settlement be and what to with work severance package...and why would they do this...THANK YOUWhat is the name of your state (only U.S. law)?

 

[commentator]

You will not have to have the cooperation of your employer to get unemployment insurance if they sever you. Whereas, if you take a severance package and voluntarily quit, they can't say anything that WILL get you unemployment benefits, as you have to be out of work through no fault of your own and able and available to work, and taking a severance package is considered a voluntary quit, regardless of whether your employer tells them they WANT you to have unemployment. This isn't much of an offer. They're just trying to get you out of the building, sounds to me like. Future medical???What about future medical expenses? Someone else can help more, I'm sure, but don't let the prospect of unemployment insurance be any kind of factor, as if you take the severance, you won't qualify.

 

[pattytx]

Unless the agreement is in lieu of you suing because of they are afraid you might sue claiming that the injury was due to extreme negligence, and they are trying to get you to settle your WC claim as well, I don't see any point in them offering a severance package at all. Have your WC attorney review the agreement for those two items.

They have already kept you on the books MUCH longer than is legally necessary.

 

[smithers26]

My lawyer said take it..I want to make sure I get unemployment...My employer only do things to benefit themselves on this. What is there benefit. Also how much do you think my work comp settlement should be will all the info I gave. Rough settlement

 

[smithers26]

injury was due to extreme negligence**************.
OK, when I was driving I already hit 108 hrs. in two weeks...When I was there you did not get overtime pay after 108 in two weeks anything over you did. I heard after I got hurt they got fined by department of labor for overtime. Can I sue them for Extreme Negligence for working 108 when I got in the accident and not getting overtime or no other perks?????? Should I sue the place of employment or take the severance package????Some please help me

 

[smithers26]

Some one please**************.thank you, the place I work for would not offer this package unless they were in the wrong.....please help me..what should I do

 

[pattytx]

We can't tell you what you should do. You need the advice of an attorney to assess your chances of winning a lawsuit for what you call the gross negligence that caused your injury. If the severance package is better than your chances of winning and you need the money right away, it's at least worth considering. I do have to say, though, $5K isn't very much to waive the right to sue, especially if the severance also includes the WC settlement for medicals. I would also note, however, that a lawsuit may take months or years to get to trial and get a decision and you might not win it, and the attorney will take a sizable percentage of whatever you do win and probably would not take the case on contingency.

I am not an attorney, however, and this is just my opinion.

And please be patient for responses. We are all volunteers here and fit this into our work day and personal lives when we can.

 

[smithers26]

The 5k does not include the WC settlement....Just to end my employment at work. I am still on work comp and still will get a settlement. Thank you for all your answers, more insight would help.

 

[commentator]

And since you said you are interested primarily in your unemployment, remember. Unemployment is in no way a disability insurance for someone who is off work and not able to accept other work. In most cases, you must be fully released by your physician, able and available and actively seeking other work. As I said, if you do not meet unemployment's criteria, you will be ineligible, regardless of what your employer says about it.

In some states, if your injury is work related, you only have to be released to do some kind of work, light duty is okay, but you do have to go through the job seeking activities required by unemployment insurance. That's not in all states, either, you'd have to check with your own state to make sure.

And there is also the issue of did you voluntarily quit by accepting the severance? If the company is terminating you, you can get a severance and draw unemployment, as I said. But a voluntary buy out comes very close to being a voluntary quit, which means no unemployment. Are they saying that if you do NOT take this package, they'll what? Let you continue to work there? Terminate you? What are your alternatives to accepting this offer?