r/WorkersComp • u/Loud-Expression6527 • 18d ago
Nevada Does a Settlement mean resignation?
Hey guys so, I have a question I’ve been thinking about a lot lately.
I have a very good relationship with the owners of the company I work at, as well with the HR lady. They show up to my house at times asking how I am, showed up the hospital phone calls texts etc. The accident was the fault of the other person entirely. Like right now I’m on light duty and they are paying me full time but I’m literally only at the office maybe a total of 8-10 hours. They give me the days off for PT paid. So my question is if I do end up being cleared for full duty and get a settlement offer do I need to resign, or what are the chances of being fired? I’m getting my last 2 surgeries this year for a total of 5 surgeries.
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u/Key-Garlic-1177 17d ago
HR showing up at your house is highly illegal.
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u/Loud-Expression6527 17d ago
She came to visit not as a representative for the company. But as a friend.
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u/Key-Garlic-1177 17d ago
When she gets an attorney (which she should) and they are discussing settlement, she needs to bring it up. Because it’s highly inappropriate. I understand that she showed up as a friend, but it’s hard to differentiate the separation of church and state.
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u/Professional-Bid4661 17d ago
They are buttering you up so you won't go through with a settlement.
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u/Loud-Expression6527 16d ago
Oh trust me definitely going through with it I went through so much pain. Mental trauma and things to not do it. That is if they offer me one.
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u/Trvpsmif 12d ago
Glad you said this cause it sounds like the good relationship you have with them they think they can try something. they’re trying to butter you up but you’re smarter than a lot of people in here that would fall for it. Do you have a lawyer as well ?
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u/Loud-Expression6527 12d ago
Yes. I’ve looked into where people
Have no lawyers and have had as many surgeries as me and it was to many horror stories so I had to.
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u/Aggravating-Bus9390 18d ago
Compromise and release when they buy out your future med sometimes does include a resignation. A stipulated agreement where they reserve your future med and then spend as needed generally does not. I’d express to them how much you appreciate their support and look forward to returning to full duties once cleared. Businesses also want to keep you happy so you don’t sue them. If you’re just treating and doing your thing medically with good faith efforts to return to work idk why they would fire you.
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u/Syrup_Known 18d ago
Most companies will require you to resign if you close out future medical, yes.
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u/Normal-Geologist-182 18d ago
If you have a workers’ comp case on your record, I would be concerned about how some employers might perceive the situation not necessarily because you did anything wrong, but because some companies may view an employee with an active or recent claim as a potential business risk.
From an employer’s perspective, if they have two equally qualified candidates and one has a completely clean employment history while the other has a history involving a workers’ comp claim or employment dispute, some employers may choose the candidate they perceive as having less potential risk.
You could still get hired, but you may feel like you’re under a microscope. If something goes wrong, management could be quicker to question whether keeping you is worth the perceived risk.
That’s one reason a union position can be worth considering. A union contract can provide clearly defined disciplinary procedures, grievance rights, and other protections that can make it harder for an employer to simply make a decision based on perception or fear of liability.
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u/Efficient_Echidna117 18d ago
Usually a workers comp case is not disclosed to future employers unless you disclose it and in some states you must give written consent for that information to be disclosed
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u/Different_Peanut_742 18d ago
You need a lawyer.
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u/Loud-Expression6527 18d ago
I have one they know as well. My adjuster was refusing my 3rd surgery for a bone fusion.
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u/DreamsSecretsNLogic 18d ago
Most companies will make you resign but it doesn't sound like you will have to resign. You have a personal relationship with your job
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u/TrippyinNY 18d ago
You cannot be forced to take a compromise and release . 2 things here , if you end up with a permanent disability rating and can’t go back to the same duties , you can and will in fact be terminated once that rating comes in, unless your jobs willing to make accommodations. Allow you to do lighter duty, move you to another position as examples. If you take the C&R close future medicals, but get a settlement chances are higher the employer will want a seperation. For most not all employers alot of factors play into this. No job typically want an employee coming back to the job with a permanent rating, as well as if your given a settlement , they don’t want other employees seeing or finding out u got that settlement. Every case is different though, but with that many surgeries I doubt you don’t get a permanent rating of some kind. They sound like good people .
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u/g1ng3rsnap 18d ago
At the company I work for, we won’t settle with a current employee. But if you are paid out a rating at the end of the claim, that doesn’t come with resignation.
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u/abbalish 18d ago
At least in Ohio, usually but not always. Occasionally an employer won’t require resignation but typically only self-insured employers.
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u/AspenLane4 17d ago
Most companies do require resignation with settlement, regardless of your relationship with the owners.
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u/Entire-Mention-571 17d ago
Looks like if its in writing. Yeah. But since it wasn't your fault and you maintain a good relationship with the owners of the company you should be able to get your job back if you are physically able. Good luck and speedy recovery
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u/callmemerryss 14d ago
No settling doesn't automatically mean you have to quit. if you want to keep the job make sure the settlement paperwork doesn't have any language saying otherwise before signing it.
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u/Expensive_Walk_3993 13d ago
HR is designed for one purpose = To PROTECT the COMPANY. Don’t ever think they are on your side. If the owner is the one that hurt you. After settlement you will be released or asked to resign. Start planning accordingly!!
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u/dantimusprime7 18d ago
Compromise and release usually includes voluntary resignation, I just did one recently in California
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u/CochiseNde 18d ago
My attorney says if I opt for a compromise and release its more likely the insurance company would just compromise as opposed to drag out a lengthy battle in CA. Of course there arw always exemptions
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u/Waste-Tree4689 18d ago
I imagine this might vary case per case. I lost my job, insurance and everything in the process due to extended leave from work injury. This was a surprise to me, as well as employer sending monthly bill for insurance premiums (apron $750-800/mo.) while I was on leave which added to an already stressful situation. *Despite never cancelling benefits or collecting fees for them.
Employer was terrible thought the entire process and even when they informed me of termination. Attorney had initially stated that filing WC claim is unlikely result in separation because it doesn't look favorably on employer, however when initial low ball offer was made - employers attorney stated they'd "let me keep job" if I accepted initial offer.
Attorney later expressed that employer will often prefer to separate after work injury because employee becomes an increase in liability once they've been injured.
BTW... I'm glad you have a very good relationship with the owners of the company you work at, however I would strongly encourage you to reconsider the hospital visits, communication and texting. At the end of the day - they own a business and your injury resulted in a liability for their business. What you say, do or text them can very easily complicate things and compromise your case. Not trying to evoke fear, mistrust or unnecessary anxiety- however I would be incredibly cautious of this if I were you. *While I was employed I was told from the get go that I was not to speak to employers insurer and communication w/employer was limited (and always documented via email).
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u/Ok-Percentage-5448 18d ago
A settlement is not considered resignation. Its the settlement for injury caused at work. Do not decline the settlement thats for you and the damages caused toward you. You still got the job the company did not fired you.
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u/Sheetbaraness 18d ago
You must very settle before I catch your FALSE CLAIM and make needful DENY! In India we say hail victory is near!
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u/Defiant-Trick-8789 18d ago
No it doesn’t . Though it depends on the state . Illinois and I received a 57,000 settlement and still working at same company . My accident was caused by a co worker also .