Legal Question in Workers Comp in California

Workers comp and Severance

I had a back & shoulder injury about a month ago, and sought care under workers comp. I did not lose any time from work, rather just have a few restrictions. I am still receiving care at this time, and just had an MRI as the symptoms are getting worse. In addition my company just closed its doors last Friday, so I was laid off along with numerous other employees. I have a severance package comping but of course have to sign the sevearnce agreement. If I sign the agreement will I still continue to receive care under workers comp? I cant look for a job just yet because I have limitations imposed by the doctor so can I still file for unemployment until I find out if I need surgery or not?


Asked on 7/13/09, 1:30 pm

1 Answer from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Workers comp and Severance

You should be able to worker's compensation benefits. Be careful you are not signing any provisions that you are settling all your claims including worker's compensation benefits. DO NOT apply for unemployment because unemployment benefits means you are able and willing to work which in reality you may not be able to work. You need to apply for SDI through EDD office. Call us at 213.388.7070 for a free consultation.

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Answered on 7/16/09, 3:50 pm


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