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Workmen's Comp & Severance Package
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My son's employer moved their jobs over to Indonesia. They still have 1 plant in the US. He hurt his knee at work and is on restricted duty and doing physical therapy. Should be better in 4-6 weeks.
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Workmen's Comp & Severance Package

posted at 10/8/2009 11:26 AM EDT
Posts: 35
First: 8/3/2004
Last: 6/20/2011
My son's employer moved their jobs over to Indonesia. They still have 1 plant in the US. He hurt his knee at work and is on restricted duty and doing physical therapy. Should be better in 4-6 weeks.

His previous employer has a severance package that basically says he receives a severance in exchange for signing papers.

Will signing the severance papers while having an on-going workmen's comp. claim relieve his previous employer of their workmen's comp duties?
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Workmen's Comp & Severance Package

posted at 10/9/2009 8:56 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
What state is he in?

I would have an attorney review the severance agreement. While certain rights/benefits can be waived, I am not sure whether WC is one of them. Only an attorney familiar with employment law in your state will know best -- between the WC claim and severance.
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Workmen's Comp & Severance Package

posted at 10/9/2009 11:45 AM EDT
Posts: 35
First: 8/3/2004
Last: 6/20/2011
He is in KY. Thank you for your help.
I'll check with ky.gov to see what I can find out.
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Workmen's Comp & Severance Package

posted at 10/11/2009 3:43 PM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
Regardless of the WC claim the employer has the right to eliminate the position and the plant. Usually the severance pay is a payment that is based on loss of position not the WC claim.

Also while you should check with an attorney before he signs the release, when the plant closes the company no longer has much of an obligation. The WC payments are normally paid from the state WC fund that the employer has paid in to and are strictly based on the injury and medical diagnosis.
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