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I have posted before concerning a a worker's compensation claim. I called the office where the workman's compensation claim was originally filed and they are still accepting liability, however were offering very little compared to the injury and the continuing pain that I have on a daily basis.
My problem is that I have a document to sign in order to receive my severance package. Would anyone know if this Worker's Compensation claim would breach the Waiver Of Release and Covenant Not To Sue? Any information concerning this issue would be extremely helpful to my case.

Thank you in advance!
 
"Original Posting:

Place of employment: State of Georgia

I was injured on the job in March of 2006 in which I completely tore my right bicep in half (I am right handed). I had surgery and a cadaver implant more than two weeks later and my surgeon was able to repair my arm using a cadaver tendon, in which bone was grafted to complete this repair.
As soon as I was released to return to work, (approximately three months later) I received a small payment in relation to the considerable injury I received. Workers Compensation acknowledged liability, but I was informed by them that as long as I was employed by the company, that further compensation would not be made until I left said company. I was determined to be 5% disabled, though I continued employment there for the next three years, but was laid off in March of this year.

The company was just recently sold and I have received a letter of separation and am questioning what I must do to receive the remainder of the compensation. "
Isn't your comp claim is against the former employer while the severance agreement is with the new owner?

1171 Wrote:
Isn't your comp claim is against the former employer while the severance agreement is with the new owner?


Hi 1171 It was through a merger, they bought a bunch of companies and formed a new one.
I am talking to the insurance carrier for original company, but yes it is the former company.
You seem very knowledgable.
Thanks for any help you may give me.

sounds like your agreement with the new ownership not to bring legal action has no bearing on what you do with the prior ownership.

As with any legal document exact wording matters and without a full reading of the agreement no definative answer can be given.

you might consider adding a clause that clarifies the situation e.g.
this agreement does not apply to the prior employment entity (xxxx, name them) or any rights/benefits available under mandatory work comp laws.

I'm not an atty and that is only an suggestion.
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