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LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience:  I have practiced employment law.
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My unit was recently outsourced. I have been given the option

Resolved Question:

My unit was recently outsourced. I have been given the option to sign a severance agreement. In it I would agree to waive certain rights, including disability or other benefits. Exclusions to that are "including claims that arise after the date this Agreement is executed, your right to file a workers’ compensation claim".

The hitch is that I have been experiencing pain in my arm which has become increasingly severe. By signing this agreement would I potentially be giving up rights to LTD, or will I not be eligible anyway after I leave for LTD since I am still able to work even though the pain started while I am employed there?

Also, I had a history of arm pain before I worked at this company.

Submitted: 6 years ago.
Category: Employment Law
Expert:  LawGirl replied 6 years ago.

LawGirl :

Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information I am able. Because you realize that you have a potential claim, by signing this severance agreement you are giving up the right to make claim later. Whether you are eligible for disability or to make a claim against you employer will depend on the extent of your injury, whether you can prove that it was exacerbated or caused by your employer and/or your future ability to work. As all of these analyses are exceptionally factually specific, it may behoove you to sit down with a local employment law attorney who can listen to the facts of your case and help you make a determination as to whether signing this severance agreement is in your best interests.

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