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  1. #1
    Join Date
    Oct 2011

    Default Will Former Employer Hire Me Back to Avoid Paying Out Settlement

    my former employer (who i have my w/c with) terminated me 2 years ago because i was out on w/c too long, and there policy is that they will only hold your postion for 6 months while you recover, I never did any light duty for them. Now i have restrictions, but i was told by them that i cannot come back with resrictions. My attorney advised me that the settlement will come from the employers own workers comp reserve fund and they don't want to settle just yet, My former employer was self insured by a third party.

    my question is will they rehire me back on light duty to avoid paying out settlement. I worked as a nurse, my restrictions are sedentary work only so they would have to hire me in another postion because all there nurses work on there feet most of the shift. I receive tpd payments and unemployment, they did not give me hard time with collecting unemployment they just approved it.

  2. #2
    Join Date
    Oct 2006

    Default Re: Will Former Employer Hire Me Back to Avoid Paying Out Settlement

    doubtful but you'd have to review prior behavior with their past comp cases to get a better prediction.

  3. #3
    Join Date
    Aug 2011

    Default Re: Will Former Employer Hire Me Back to Avoid Paying Out Settlement

    I agree with .SH - it's doubtful they'd hire you back with restrictions just to avoid a pay out of the WC claim. Partly because they don't have to pay out a settlement at all - they can continue paying the weekly benefits up to the maximum period.

    The other reason it's doubtful is that they already know you're a "risk" of further/additional injury, even with the restrictions. It wouldn't make sense for them to run the risk of having another WC claim from you.

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