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  1. #1
    round 1 is offline Member
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    Work comp suit versus a civil suit

    What is the name of your state (only U.S. law)? Ca

    Can a work comp suit settlement affect a civil suit against the same employer? The work comp settlement doesnt state that a civil suit cannot be filed
    But the attorney of the civil says to not sign the work comp suit because it didn't state that a civil suit can still be filed.
  2. #2
    cbg
    cbg is offline Senior Member
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    Is the civil suit against the employer related to the injury?
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  3. #3
    round 1 is offline Member
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    Quote Originally Posted by cbg View Post
    Is the civil suit against the employer related to the injury?
    yes sir..the work comp was for the stress, anxiety, n depression that was caused by the discrimination that was caused by the employer
  4. #4
    cbg
    cbg is offline Senior Member
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    Then I'll be very surprised if you can file suit against the employer at all. Workers comp is generally your SOLE remedy for injury.

    Or are you saying that you are filing a complaint of discrimination through the EEOC?
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  5. #5
    round 1 is offline Member
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    Quote Originally Posted by cbg View Post
    Then I'll be very surprised if you can file suit against the employer at all. Workers comp is generally your SOLE remedy for injury.

    Or are you saying that you are filing a complaint of discrimination through the EEOC?
    The work comp suit was filed..then I sought counsel for the discrimination..already got the right to sue letter n the civil is already in discovery but no court date as of yet. The insurance wants to settle but r still denying anything..its a go away amount which I'm more than happy to sign but my civil is saying no cause there is no clause stating I can't have a civil as well. But it doesn't state that I can't
  6. #6
    cbg
    cbg is offline Senior Member
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    Gotcha. That's a different situation.

    But since I can't read your documents, I would have to go by what your lawyer is telling you. He can see everything that's in them. I can't.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  7. #7
    Willlyjo Guest
    Quote Originally Posted by round 1 View Post
    The work comp suit was filed..then I sought counsel for the discrimination..already got the right to sue letter n the civil is already in discovery but no court date as of yet. The insurance wants to settle but r still denying anything..its a go away amount which I'm more than happy to sign but my civil is saying no cause there is no clause stating I can't have a civil as well. But it doesn't state that I can't
    You can actually have a civil suit as well as a Workers Compensation claim at the same time. What you settle for in one claim has no bearing on the other.

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