Legal Question in Workers Comp in Michigan

To agree to a WC settlement, why do I have to withdraw my pending lawsuit?

I am a female concrete finisher (non-union) and I was laid-off for lack of work (11/09/01) because my employer found out that I developed severe CTS that needed surgery. He hired new guys to do my job,he cut my health insurance off within 2 weeks after lay-off,(wasn't offered COBRA either), and they gave me the run-around about ''not having any forms to fill out''. I have been off for almost a year now. My unemployment ran out and the Workmans Comp was finally scheduled for trial after 3 adjournments. The Insurance co. atty wants to settle, but they want me to give up all rights to a lawsuit for discrimination. (I guess that is standard). I had already filed with the EEOC in February (2002). Because of this pending EEOC charge on my employer, the insurance co. said they will try and add something to the effect of ''petitioner to give up right to any and all lawsuits, except for pending EEOC''. But the employer has to agree with the wording. What is the exact wording in the settlement agreement of a WC case? But why do I have to give up a pending case? Which was filed so many months before this WC case was scheduled for a hearing?

Thanks in advance for your answers. I appreciate it.


Asked on 10/17/02, 9:24 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: To agree to a WC settlement, why do I have to withdraw my pending lawsuit?

You don't have to give up anything. The alternative is to go to trial and attempt to win and then receive weekly benefits if you win. You have to weigh the pros and cons and decide what to do. Bill Stern 248-353-9400

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Answered on 10/17/02, 12:58 pm


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