With countless companies downsizing in recent years, many people have been offered buyouts. This means they may have been offered a compensation package if they leave the company or retire voluntarily. Recently, a court ruled that although a woman accepted a buyout package, she is still entitled to workers' compensation benefits for an injury she incurred after making herself a potential candidate for the buyout program.
The company she worked for said the woman voluntarily abandoned her employment, and shouldn't be eligible to receive workers' compensation benefits. The form the woman signed said that she was not obligated to take the buyout if an offer was made. When the offer came, the woman who had served 35 years at the company, retired.
The woman said she had been injured on the job, and was unable to continue, which is why she accepted the buyout. The company argued that since the buyout was voluntary, the woman leaving her job was also voluntary. An appeals court sided with the woman.
Many times employers and their insurance companies will try everything they can to not pay a person workers' compensation benefits. Their goal is to reduce the number of claims they have to pay out.
Speaking with an experienced workers' compensation attorney can help people understand their rights. Accepting a low offer of compensation from an employer or insurance company may not take into consideration the need for compensation of future expenses related to an injury. Getting short-changed on a workers' compensation benefits might present financial struggles in the future.
Source: Business Insurance, "Post-injury retirement is not 'abandonment of employment': Court," July 30, 2012
-Our law firm handles cases involving workplace injuries. To learn more, please visit our workers' compensation page.
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