YOUR RIGHTS TO WORKERS COMPENSATION SETTLEMENT AND JOB SECURITY
YOU CAN RECOVER A SECOND SETTLEMENT IF:
- Within 4 or 8 years after your work injury is settled.
- You are fired or can’t work with no justification for being fired.
However, you must file a claim within 1 year from losing your job;
YOU CAN RECEIVE ANOTHER SETTLEMENT!
DON’T LOSE THIS - IT’S VALUABLE TO YOU FOR UP TO 8 YEARS.
THESE ARE YOUR RIGHTS, READ THEM VERY CAREFULLY.
Whether we represented you recently, or spoke on the phone, you must know that because your employer took you back to work at the same rate of pay that you were earning prior to your injury, you are limited under the new law to a smaller settlement than you would otherwise be entitled to had your employer not taken you back to work or had the employer taken you back to work but at a lower rate of pay.
IT IS THEREFORE, VERY IMPORTANT THAT YOU REMEMBER YOUR RIGHT TO REOPEN THIS CASE AND OBTAIN ANOTHER SETTLEMENT, OFTEN EQUAL TO OR GREATER THAN THE FIRST SETTLEMENT, IF YOU LOSE YOUR JOB OR IF YOU CANNOT PERFORM YOUR DUTIES FOR ANY REASON OTHER THAN MISCONDUCT.
This essentially guarantees you job security at your current job, at your current rate of pay, for either four years or eight years depending on the type of injury that you suffered. It doesn’t matter why you lost your job so long as it was not because you did something which clearly justified your being fired. If you simply were absent from work too many times or could not perform your duties at the standard that is required of you, these are not justified reasons for your losing your job, and you can therefore sue for another settlement. I reiterate, this job security is very broad and it lasts for either four or eight years. It may be that your employer will try to make you quit and make your life miserable at work. If that happens you need to contact us immediately. In addition, if you have any other problems or questions concerning this issue please feel free to call us at any time for advice. You can anticipate opposition from your employer once you are no longer employed and file a claim for another settlement. We are prepared to present every argument and rely upon every law available to help you recover your second settlement.
BE VERY CAREFUL NOT TO GIVE YOUR EMPLOYER ANY EXCUSE TO FIRE YOU SUCH AS SERIOUS MISBEHAVIOR AT WORK. ALSO YOU SHOULD NOT TALK TO FELLOW EMPLOYEES OR ANYONE ELSE ABOUT RETIRING OR WANTING TO QUIT WORK . YOUR EMPLOYER WILL USE THAT AGAINST YOU TO SHOW THAT YOU SIMPLY DON’T WANT TO WORK. REMEMBER, IF YOU PHYSICALLY CANNOT PERFORM WHAT IS REQUIRED OF YOU, YOU MUST CONTACT US IMMEDIATELY AS THIS ALONE MAY BE GROUNDS FOR FILING A SECOND CLAIM.
Please feel free to contact us at anytime for advice or any explanation or help which you may need concerning your employment. It is very important that you consult us before you take action rather than after you have done so. It has been a pleasure working with you and we look forward to working with you in the future. Call us before you act, so we can be sure you meet all the requirements of the law.
Sincerely,
Jay L. Stillman
Michael A. Friedland
Steve D. Karr
Michael D. Dillon