Legal Question in Workers Comp in California

workmans compensation compromise and release

I setteled my workmans compenstation claim by compromise and release. I would like to return to work and want to know if I am legally allowed to accept any job I feel that I can do?


Asked on 10/25/08, 7:24 pm

1 Answer from Attorneys

Samuel Salazar Law Offices of Samuel L. Salazar

Re: workmans compensation compromise and release

Yes, you are legally allowed to return to work if your doctor can release you back to the same or even modified work. You raise an interesting question. If you were still employed at the time that you signed the Compromise and Release, you may have (unkowingly) signed a resignation. Most Defendants want this at time of settlement. However, this does no preclude you from re applying. If you are physically able to to your regular work, you can ask to be taken back. If you can only do modified work, you can ask for modified work. Your employer was obligated under the law to try and find modified work for you. If they did not, you may have a civil suit for "Disability Discrimination". If they refuse to take you back, you may also have a suit under your workers' compensation case for Discrimination because you filed a claim against them. These cases have very strict time limits and must be filed within one year of the "discriminatory act". Please feel free to call me or email me directly to see if you may have some rights. I do not charge for any consultations and am happy to assist you in either one of the above mentioned law suits. Thank you.

Samuel L. Salazar email: [email protected]

You may call me directly:

Law Offices of Samuel L. Salazar

617 W. 7th. St. Suite 402

Los Angeles, CA 90017

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Answered on 10/31/08, 7:04 am


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