Work comp suit versus a civil suit

[round 1]

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.

 

[cbg]

Is the civil suit against the employer related to the injury?

 

[round 1]

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

 

[cbg]

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?

 

[round 1]

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

 

[cbg]

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.

 

[Willlyjo]

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.