Severance Pay and Workers’ Comp

Severance Pay in California

If you are injured while performing your job duties, you are legally entitled to workers’ compensation benefits. Workers’ compensation is designed to give you financial aid while your injury prevents you from working. All California employers are required to have workers’ compensation insurance policies. If you are injured on the job, you will want the maximum benefits available to you. Employers and insurance companies may try to minimize the amount of compensation they pay you. For this reason, it is important that you consult a skilled employment attorney.

At Kenton Koszdin Law Office, we are compassionate and empathetic about the rights of employees. Mr. Koszdin is a second generation workers’ comp attorney who has suffered serious injuries of his own and understands the importance of financial assistance while recovering. Call his Van Nuys offices today at (818) 901-9999, or at (800) 438-7734 toll free, for a free consultation.

Each year, over a million Californians suffer work related injuries or illnesses. Because of recent changes to state laws, it’s now more difficult than ever to file and win a workers’ compensation claim.

Here are a few initial steps you should follow if injured while working:

  • Seek appropriate medical attention. Don’t wait. Don’t think “it’ll get better.” Prompt medical attention can speed up recovery and help prevent a permanent or chronic condition.
  • Inform your employer. Your employer needs to know about the accident for documentation purposes so they can remedy a dangerous situation that may injure a coworker.
  • Get witnesses. If anyone saw the injury take place, get their names and contact information in case it’s needed later.
  • Contact a workers’ compensation attorney. An experienced lawyer can help you find qualified, sympathetic physicians, guide you through the filing process, negotiate settlements, and represent you in court.

Severance Pay in Los Angeles

If you resign from a job, or are laid off or terminated, you may be able to get severance pay. Severance pay is not required by law, but many employers offer it to reward an employee’s service to a company or as part of a bargaining agreement. For instance, an employer may offer severance pay in exchange for the employee giving a certain amount of notice before resigning. Other severance pay agreements may include severance in exchange of not working for a competing company for a certain period of time, or for not taking legal action for being laid off. The amount of severance pay you receive depends on the agreement you’ve made with your employer, but generally relates to the amount of time you worked for them.

In California, a severance agreement cannot affect the following employee rights:

  • Minimum wage
  • Overtime pay
  • Workers’ compensation benefits
  • Unemployment Insurance benefits

For instance, an employer cannot offer severance pay in lieu of an employee filing for Unemployment Insurance benefits.

If your company offers you a severance package, it’s a good idea to contact a lawyer who is familiar with California’s labor statutes. The advice of a qualified attorney can help you negotiate with a company so you receive the severance you deserve.

If you have questions about filing a workers’ compensation claim or negotiating a severance package, the Los Angeles lawyers at Kenton Koszdin Law Office are available to answer them. Don’t hesitate to call us at (818) 901-9999, or at (800) 438-7734 toll free, for a free consultation.

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