Legal Question in Workers Comp in Florida

Re-employment to prior job after settlement agreemen

I had a neck injury on the job due to construction of new offices for us, and was ultimately denied worker's comp bebefits. I obtained an attorney and filed for a settlement agreement after not being released to work for 6 months. I received a settlement and had to agree to not seek re-employment because of the monetary settlement, which ended up being approximately one year's salary. The position was with a local government office and my employer wanted me to return to work, but I could not afford to not take the settlement for fear of losing my home, among other things. It has been 5 years since the settlement, and my old position is open once again, and I wish to be able to return if my employer will have me back. Is this at all legally psooible? I have told him that I would sign any form of disclosure if need be.


Asked on 3/23/09, 10:54 am

1 Answer from Attorneys
Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: Re-employment to prior job after settlement agreemen

You should never have been asked to give up your government job in order to settle a WC claim. Any promise you made not to seek reemployment cannot be enforced against you if your employer wants you back. Go for it.

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Answered on 3/23/09, 1:15 pm


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